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Measures to punish corruption abroad
China is at a new historical starting point of building a well-off society in an all-round way, and reform and opening up have entered a critical period. Facing the new situation and new tasks, we should, in accordance with the requirements of the 17th National Congress of the Communist Party of China, earnestly explore the laws of anti-corruption work under the conditions of socialist market economy, unswervingly follow the anti-corruption road with China characteristics, and pay attention to studying and drawing lessons from the beneficial experience and practices of international anti-corruption. This is not only a new requirement put forward by the 17th National Congress of the Communist Party of China, but also an important measure to implement the "Implementation Outline of Establishing and Perfecting a System of Punishing and Preventing Corruption with Equal Attention to Education, System and Supervision" promulgated by the Central Committee. At present, corruption has become a global problem. Countries in regions where corruption occurs frequently are often countries where old and new systems coexist and crisscross, with imperfect systems, and there is a large space for corruption to breed and spread. As a developing country, China has been stepping up its anti-corruption efforts in recent years. Why is the situation still grim? This shows that some of our past practices must have their own disadvantages. Therefore, it is necessary to learn and absorb the successful experience of foreign countries in anti-corruption, compare the practices of those countries that are more successful in anti-corruption, learn and absorb in comparison, and find and eliminate in comparison. Countries with outstanding achievements in anti-corruption abroad have experienced a period of frequent corruption in the early stage of market economy. Accordingly, they have repeatedly explored the political management thought and political governance system in the superstructure for a long time, and paid a high price for it, forming some very valuable ideas, such as "absolute power leads to absolute corruption" and "restricting power with power". A relatively perfect system and mechanism for preventing, educating and punishing corruption has been established. Learning from foreign advanced experience and practices must conform to China's national conditions and take its essence for our use. First, pay attention to the basic role of education and prevention. In the anti-corruption movement abroad, education, prevention and punishment are combined with each other, with special emphasis on education and prevention, and some successful experiences have been accumulated. Russia regards improving the legal awareness of the whole society and the professional level of legal practitioners as an important measure of the Russian Federation's national anti-corruption plan, focusing on improving the education and training mechanism and improving the quality of education in the legal field; In the federal state educational institutions that carry out higher education and vocational education, anti-corruption education should be added to law-abiding and spiritual and moral education; Improve the overall level of social legal culture. When young people in Finland enter the civil service, the first and most important education is to be clean in politics and understand the boundary of corruption, that is, the upper limit of accepting gifts or inviting them to dinner. German law is so detailed that it clearly stipulates that gifts above 15 euros must be reported to officials. Australian regulatory authorities have distributed various booklets and cards in more than 20 languages to publicize what bribery is and how to report it, and announced the report phone number for everyone to know. Promulgate preventive anti-corruption policies in the construction of corruption crime prevention system; Building preventive anti-corruption institutions; Formulate anti-corruption measures for the public sector, procuratorial organs and the private sector; Uniform code of conduct for public officials, etc. In the United States, every civil servant enters a government department, and the honest officials of the department will receive at least 1 hour training on honest laws and regulations, so as to make them clear what they can and cannot do, provide them with relevant information, consultation and contact information on anti-corruption, and provide corresponding anti-corruption measures and honest suggestions for different industries, units and different positions. The Government Integrity Office is responsible for training the integrity officials of all departments and guiding all departments to carry out integrity education. Nordic countries generally believe that "culture is the mother of the system" and attach great importance to the cultivation of a clean and honest culture. Especially for national staff, the first thing is to emphasize is the internal life belief and moral integrity, followed by external legal and disciplinary constraints. Marty Kusimaki, Procurator-General of Finland's Supreme Procuratorate, believes that citizen self-discipline is the most effective means to prevent corruption. In this country, which has been rated as the cleanest country in the world by Transparency International for five years in a row, corruption, bribery and embezzlement of social wealth are considered as despicable and dirty as theft. In Denmark, a country with almost no poor people, "lifelong learning" is not a slogan. In this country, identity is equal, opportunities are equal, society is safe and transparent, and everyone in Denmark can do what they want with peace of mind. Sweden attaches importance to the construction of citizens' integrity and has a complete social integrity system. In these countries, the moral tradition and social atmosphere of being proud of honesty and ashamed of corruption have a great influence on citizens' honesty and self-discipline. Singapore has been the only Asian economy in the top 10 of Transparency International Corruption Rankings for 13 years in a row. Under the condition of long-term ruling by one party, the Singapore People's Action Party has successfully avoided power abuse and corruption caused by centralization and lack of supervision. Its important point is that it attaches great importance to the construction of a clean and honest culture, and senior leaders take the lead in setting an example, so as to cultivate the clean and honest consciousness of party member and the whole society, instill a sense of crisis in party member and avoid corruption due to self-relaxation. The government of Singapore People's Action Party (PAP) cultivates Confucian values, attaches importance to the morality advocated by Confucianism, advocates running the country by Confucianism, emphasizes the rule of gentlemen, and pays special attention to maintaining its moral authority. Second, establish and improve the anti-corruption system. It is the successful experience of many countries to insist on relying on the "legislative system" to fight corruption and establish a legal system of power operation, supervision and restriction that is compatible with the market economy system and social and political system. Since the 16th National Congress of the Communist Party of China, with the promulgation of a series of legal documents, such as "Regulations on Inner-Party Supervision in China (Trial)", "Regulations on Disciplinary Actions in China" and "Implementation Outline for Establishing and Perfecting a System of Punishing and Preventing Corruption with Equal Attention to Education, System and Supervision", more than 65,438 anti-corruption laws and regulations have been issued, and the basic framework of anti-corruption laws and regulations system has been gradually established. On the one hand, legislation should be strengthened. International anti-corruption experience proves that in addition to the continuous innovation of institutional mechanisms, the most important thing is to strengthen anti-corruption legislation. The more perfect and standardized this law is, the more effectively it can prevent, contain and control corruption. For example, many developed countries have established complete systems such as political openness and transparency, news independence and news supervision, accountability and impeachment of officials, standardizing the fund-raising system of political parties, separating administrative officers from clerical officers, official property declaration system, public procurement bidding system, financial real-name registration system, parliament, judiciary, auditing and public supervision system. Moreover, laws and regulations are formulated in great detail, so as not to leave any dead ends. Since 1883, the United States has successively promulgated several laws, such as the Government Behavior Ethics Law, the Federal Corruption Countermeasures Law, and the Organized Blackmail, Corruption and Bribery Law, which have formed a complete legal system of clean government. American anti-corruption agencies believe that sunlight is the best preservative. To this end, the United States has enacted many laws to improve the transparency of government decision-making, the most famous of which is the Government Sunshine Act, which requires that the meetings of administrative agencies should be held in public except in special circumstances. The Freedom of Information Law was also promulgated, and the Clean Government Reform Law was passed, which improved the financial disclosure system and required government officials to disclose property information, including their own sources of income, financial investment, ownership of stocks and houses, and creditor's rights and debts. 1974, the us congress passed the federal election law, which imposed strict restrictions on the contributions of individuals, political parties and other organizations to federal campaign funds and expenses. It is forbidden to donate more than 100 USD in cash. Donations cannot be deposited in your own account, and the use of donations must be made public to further purify campaign funds. Regulations on Civil Servants' Conduct and Discipline formulated by Singapore, Code of Conduct for Civil Servants promulgated by Australia, Law on Civil Servants' Duties promulgated by Mexico, Law on Civil Servants' Ethics formulated by Korea, Law on Standards of Conduct and Ethics for Public Servants and Employees formulated by the Philippines, etc. It has played an important role in regulating the behavior of civil servants and curbing and governing civil servant corruption. At the same time, some countries have made special legislation in many aspects, such as financial audit supervision, declaration of family property of public officials, restriction of "money politics" and strict selection and management of civil servants, in order to prevent corruption of public officials, facilitate citizens to report corruption crimes according to law, and ensure that law enforcement agencies investigate and deal with corruption according to law, and so on, with good results. We can learn from the legislative experience in this field, bring useful things, and strive to make the legal system more scientific and effective according to the principle of "law applies to GAI", so as to further promote the legal construction of anti-corruption in China and put the anti-corruption work on the track of legalization. On the other hand, pay attention to the mutual support of the system. For example, Singapore enacted the Prevention of Corruption Act to combat corruption and set up a central provident fund system. Around the provident fund system, the national civil servant personal and family declaration system has been improved, and then the stock account inspection system, financial real-name registration system and civil servant behavior log system have been improved. , with good operability. At the same time, we should pay attention to the implementation of system provisions, put an end to the long-standing phenomenon that people are greater than the law and power is greater than the rules, and safeguard the dignity of the system. Third, increase the supervisory role of power operation. The measures taken by western developed countries to supervise the exercise of public rights have given us good enlightenment. First, pay attention to supervising power with power. In the practice of strengthening power supervision in western developed countries, citizens, NGOs, interest groups and news media have formed supervision over state power. Citizens' supervision of state power is like the "universal suffrage system" in western countries, and citizens have the right to hold and appeal. Non-governmental organizations such as Transparency International in Germany and interest groups safeguard their special interests through the supervision of public power, so that public power has completed the consideration of various interests and lost the opportunity to abuse power. "Parliamentary supervision" refers to the supervision and examination of the government's administrative, financial, personnel and other matters by the parliament, and puts the administrative departments and senior state civil servants under its close supervision by means of inquiry, investigation, consent, correction, no-confidence vote, impeachment and trial. Parliamentary supervision based on constitution is the core of modern western supervision system, which is the most authoritative and representative. The second is to highlight the independence of anti-corruption institutions and the authority of the system. It has become an axiom abroad that there is no real supervision authority and no fair supervision without independence from the supervised object. In some countries, the anti-corruption agencies responsible for supervision and punishment are often endowed with great powers through legislation, and they are directly responsible to the parliament or the highest administrative head, thus having legal authority and status. For example, the Roland Committee in Britain, the Administrative Supervision Committee in Australia, the internal government review agency in Finland, the Anti-Corruption Investigation Bureau in Singapore, and the administrative court in France are all independent institutions in practical sense, and the specialized anti-corruption agencies in the United States, Australia and other countries are directly responsible to the parliament; Singapore and South Korea report directly to the Chief Executive. You can independently enjoy the rights of investigation, reconnaissance, inquiry, freezing account assets, warning reminders, opinions and suggestions of officials, summoning and so on. Some of them also have the right to arrest and prosecute. However, the judicial institutions that punish corrupt officials in various countries independently exercise the power of investigation, prosecution and judicial jurisdiction in accordance with the law, and are only responsible for the law, thus effectively eliminating human interference and punishing corrupt elements mercilessly, ensuring the actual effect of anti-corruption. In addition, on the basis of institutional independence, anti-corruption agencies have a higher level and a wider scope of work. For example, the Federal Bureau of Investigation (FBI) is a full-time investigation agency that endangers national security and public interests. The scope of the investigation is extremely wide, and it is not limited by geography. It has the right to investigate more than 200 criminal cases, including corruption of government officials, misappropriation of public funds, international drug trafficking, money laundering and other corruption cases with great influence. 1970, the us congress passed the independent investigation Committee act, which established the independent prosecutor system. The independent prosecutor is a special post for investigating fraud cases of the US government, and has the power to independently investigate and prosecute government officials. No one has the right to recall him as long as he has not committed obvious gross negligence. Since the implementation of this system, Watergate Incident, Iran-contra Incident and Clinton-Lewinsky proper relationship Case have been verified one after another. The third is to really start the accountability, impeachment and recall procedures of relevant officials. Among the administrative accountability system in western developed countries, the United States is the most typical one. It has formed a set of relatively perfect operating mechanism and legal system, and the administrative accountability system has become a universal government management mechanism. There are specific provisions in the constitution that clearly stipulate the responsibility of the president. In addition, many federal, state decrees and local regulations also directly stipulate the responsibilities of the government and officials, including provisions on property declaration, provisions on the code of conduct for public officials, and so on. The fourth is to provide effective material guarantee for supervision. Foreign studies believe that the personal income of public officials is related to being involved in or resisting corruption. It is of practical significance to raise their wages and maintain a decent life, which will increase the cost of corruption and curb the motivation of corruption. The Singapore government keeps the salaries of most ordinary civil servants at the upper-middle level of society and makes corresponding adjustments according to the actual situation. The salaries of government officials and civil servants in administrative departments are formally linked to other departments in the private sector, so the salaries of civil servants are market-oriented, and their salaries are close to market prices. On the one hand, the high salary enables the Singapore People's Action Party to bring most of the best talents in society into the party and government system. More importantly, it has given party member a rich material foundation, and there is no need to improve its living conditions through corruption. Many developed countries pay high salaries in the form of spot and futures, and the salary increases with the increase of years and achievements. Even after retirement, they have enough living security, thus laying an important material foundation for fighting corruption and promoting honesty. Anti-corruption is the inherent requirement and outstanding task of China's political civilization construction. "Other stones can help us learn from the successful experience and measures of other countries in anti-corruption, establish an effective prevention mechanism, constantly improve the system with the Constitution as the core, straighten out the power structure, establish an independent anti-corruption organization system, strengthen education, and make new efforts to comprehensively promote political system reform.