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Government Documents
Government Documents
UPDATED: January 17, 2011 NO. 3 JANUARY 20, 2011
China's Efforts to Combat Corruption and Build a Clean Government
Information Office of the State Council of the People's Republic of China, December 2010, Beijing
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As the judicial organs of the state, the people's courts exercise juridical power independently in accordance with the law. In China, no person shall be found guilty without being judged as such by a people's court in accordance with the law. For cases of corruption that the procuratorial organs have initiated legal proceedings in accordance with the law, such as embezzlement, bribery or dereliction of duty, the people's courts shall try them in accordance with the law and make sentences in line with the principles of prescribing punishments for specified crimes, equality of all before the law, and compatibility of crime, responsibility and penalty. All cases handled by the people's courts shall be heard in public, except for those involving state or business secrets, privacy or minors. The people's courts shall safeguard the procedural rights to which participants in the legal proceedings are entitled by law, and ensure that the accused enjoy fully the right of defense. During trials of corruption cases, the people's courts shall adhere to the principle that all are equal before the law, no matter how important the posts those are accused of committing corruption hold or used to hold. Anyone whose acts of corruption constitute crimes shall be convicted and punished in accordance with the law. No privilege beyond the law is permissible, nor should the punishment be aggravated beyond the maximum prescribed by law because of their special social status or pressure from the public.

To ensure accurate application of the law and unify judicial standards, the Supreme People's Court and the Supreme People's Procuratorate have timely issued relevant judicial interpretations in accordance with the law on the basis of summing up experience in hearing of and initiating public prosecution for cases related to corruption, such as embezzlement, bribery and dereliction of duty, so as to promptly solve newly emerging problems in the work of trial and public prosecution. This has played an important role in directing people's courts and people's procuratorates at all levels to handle such cases properly.

China has launched a campaign to combat bribery in business. In recent years, major efforts have been made to deal with cases of commercial bribery in six major areas, namely, engineering construction, grant of the land-use right and mineral resources exploration and mining right, trade of property rights, purchasing and marketing of drugs, government procurement, and development of and deals in resources, as well as those related to bank credit, securities and futures, commercial insurance, publishing and distribution, sports, telecommunications, electric power, quality control and environmental protection. In addition, crackdown has also been launched on cross-border commercial bribery in accordance with the law and discipline. From 2005, when the special campaign against commercial bribery was launched, to 2009, over 69,200 cases of commercial bribery had been investigated and dealt with, involving 16.59 billion yuan in total.

The Chinese Government has made the rectification of unhealthy practices that harm the interests of the people one of major tasks in the fight against corruption. A special campaign has been launched to clamp down on arbitrary price hikes, charges, fines and requisition of donations that harm the interests of the people in some localities and departments. Meanwhile, special inspection and other measures have been adopted to rectify problems infringing upon the interests of the people in rural land expropriation, urban resettlement, restructuring of state-owned enterprises, purchases and sales of drugs and medical services, as well as the problem of wage defaults haunting rural migrant workers. The state has speeded up the steps of reform, abolished agricultural tax and charges for compulsory education, and adopted a series of measures in the reforms of the educational and health-care systems, thereby creating favorable conditions for rectifying unhealthy practices that harm the interests of the people.

The Chinese Government has gradually strengthened the administrative accountability system, with the chief executive as the core, to fight against unjust law enforcement, administrative acts in violation of the law, disobeying orders and defying prohibitions, administrative inaction and chaos, and earnestly fix responsibility for cases that seriously infringe on the interests of the state and the public and the citizens' lawful rights and interests in accordance with the law and discipline. In 2009, the Interim Provisions on the Implementation of Accountability for Party and Government Leading Cadres was issued, stating explicitly that responsibility must be fixed for seven types of acts that incur heavy losses or produce baneful influences, including serious mistakes in decision making, dereliction of duty, and ineffective management and supervision. In 2009, some 7,036 leading cadres were held responsible for such acts.

VII. Education in Clean Government and Construction of a Culture of Integrity

Education is a basic work for the fight against corruption and construction of a clean government. Over the years, China has unremittingly carried out education among state functionaries in performing official duties with integrity and strengthened the construction of a culture of integrity throughout the country to enhance in state functionaries a sense of integrity and self-discipline and foster throughout the society the fine tradition of upholding integrity.

China makes educating Party members and state functionaries in state laws and regulations as well as Party and government discipline a routine work in anti-corruption education. The Politburo of the CPC Central Committee regularly organizes group studies of the law, which has played an exemplary role in enhancing the legal awareness of the general public, especially Party members and state functionaries. It has now become a rule for Party organizations at all levels and state organs to hold group studies. The Chinese Government energetically promotes nationwide education in general knowledge of the law. Since 1986, it has successively carried out five five-year plans of such education among all citizens, especially state functionaries, with over 800 million people receiving such education in different forms, thus enhancing the awareness of the general public in the rule of law and the sense of the state organs and state functionaries in accepting supervision during their performance of official duties.

China attaches importance to education and training in integrity among state functionaries, fortifying in them the ideological and moral defense line against corruption. The Regulations for Cadre Education and Training (Trial) and a nationwide plan for cadre education and training have been worked out, which designate education in performing official duties with integrity as a key content of such education and training. Education in performance of official duties with integrity has been incorporated into the teaching plans of the CPC's Party schools and the government's schools of administration at all levels, as well as other organizations of cadre training, making it a required course for leading cadres of all levels. China has established 50 national bases for education in clean government and compiled related textbooks, and has carried out targeted on-the-job education and training in this regard. Training in performance of official duties with integrity has been held for newly elected or appointed leading cadres and newly recruited state functionaries before they take their offices, and files have been established for such training. In some provinces (autonomous regions, municipalities directly under the Central Government), examinations in laws and regulations related to clean government are held for those before they are selected to take leading positions, and passing such examinations has been taken as one important qualification for such positions. As a measure of precaution, talks related to clean government will be held with the would-be leading cadres before they assume office.

China emphasizes the demonstrative education with examples and admonishing education. It publicizes exemplary Party members and state functionaries and their deeds through news media, films and TV programs, and holding meetings to publicize their meritorious deeds. By compiling educational materials of typical cases, shooting films warning people against corruption, establishing education bases, holding relevant exhibitions and organizing corrupt officials to give speeches from their own experiences and ensuing consequences, it whets Party members, cadres and state functionaries' awareness against corruption. It also uses typical cases to educate people, thereby punishing one as an example to others.

China devotes major efforts to promoting the construction of a culture of integrity, advocating the moral values honoring integrity and disgracing corruption. The Opinions on Strengthening Construction of a Culture of Integrity has been worked out to promote the culture of integrity in offices, communities, households, schools, enterprises and rural villages. Attention has been paid to carrying on the quintessence of the culture of integrity in the fine traditions of Chinese nation and presenting the rich connotations of the integrity culture by means of literature and art, films and TV series, calligraphy and painting exhibitions, and ads for public good. A number of outstanding works advocating the culture of integrity have been produced and they give expression to inspiring themes, the spirit of the times and humane care. Rich in content and varied in form, these cultural activities are popular among the people, and they sing praises of the Chinese nation's fine tradition of upholding integrity, showcase fruitful achievements in the construction of integrity culture, and further promote the development of such construction.

China attaches importance to education among youngsters in integrity by offering such courses in many primary and secondary schools, and universities, supplying relevant teaching materials, and specialized teachers sometimes. Meanwhile, full use is made of such extracurricular activities as summer and winter camps for primary and high school students, and social practices and campus cultural construction for university students to carry out education in integrity, so as to foster among youngster the fine moral values of being incorruptible, honest and law-abiding as well as the sense of the rule of law.

VIII. International Exchanges and Cooperation In Combating Corruption

With the rapid development of economic globalization, corruption has shown the tendency of becoming more organized and transnational. It is the consensus of all countries and regions in the world to strengthen international exchanges and cooperation in combating corruption, to which China attaches great importance. It proposes to enhance cooperation with other countries, regions and relevant international organizations, learn from one another and jointly combat corruption in the principle of respecting each other's sovereignty, equality and mutual benefit, respecting differences and placing emphasis on substantial results.

China, enhancing international exchanges and cooperation with other countries, regions and relevant international organizations, has become an important force in the international anti-corruption campaign. So far, China has signed 106 judicial assistance treaties with 68 countries and regions. It has established the China-U.S. Joint Liaison Group on Law Enforcement Cooperation and an anti-corruption panel with the United States. It has also set up a bilateral Law Enforcement and Judicial Cooperation Consultations with Canada. The CPC Central Commission for Discipline Inspection and the Ministry of Supervision of China have engaged in friendly exchanges with anti-corruption institutions in more than 80 countries and regions, and concluded cooperation agreements with relevant institutions in eight countries, including Russia. Multi-field exchanges and cooperation have been carried out with such international organizations as the United Nations, European Union, World Bank, Asian Development Bank (ADB) and Organization for Economic Cooperation and Development (OECD). China has also actively participated in anti-corruption cooperation within the framework of the G20 and Asia-Pacific Economic Cooperation (APEC). The Supreme People's Procuratorate has signed procuratorial cooperation agreements with relevant institutions in more than 80 countries and regions. The Ministry of Public Security has established 65 round-the-clock hotlines with relevant institutions of 44 countries and regions, and concluded 213 cooperation documents with interior or police departments of 59 countries and regions.

To promote international exchanges and cooperation in combating corruption, China acceded to the United Nations Convention Against Corruption in 2005. In order to fulfill its obligations, China established an inter-department coordination group consisting of 24 government departments to organize and coordinate the implementation of the convention in China and the integration of Chinese laws and the convention. In 2006, the Law of the People's Republic of China on Anti-Money Laundering was promulgated to prevent and contain money laundering and relevant crimes. China has, in succession, acceded to four international anti-money laundering conventions, and become a member of the Financial Action Task Force on Money Laundering, the Eurasian Group on Combating Money Laundering and Financing of Terrorism and the Asia/Pacific Group on Money Laundering. In 2007, the National Bureau of Corruption Prevention of China was established to carry out international cooperation and technical assistance on corruption prevention.

China also actively participates in other international anti-corruption organizations, and attends and hosts international anti-corruption meetings. In 1996, China, Pakistan and other countries jointly set up the Asian Ombudsman Association. In 2003, China acceded to the UN Convention against Transnational Organized Crime, the first such international convention. In 2005, China joined the Anti-Corruption and Transparency Experts Task Force of the Asia-Pacific Economic Cooperation Forum and the ADB/OECD Anti-Corruption Initiative for Asia-Pacific. In 2006, the Supreme People's Procuratorate initiated the International Association of Anti-Corruption Authorities (IAACA), the first such international organization, whose members are anti-corruption agencies of various countries and regions. In recent years, China has successfully held many international meetings, including the 7th International Anti-Corruption Conference (IACC), the 7th Asian Ombudsman Conference, the 5th Regional Anti-Corruption Conference for Asia and the Pacific, the 1st Annual Conference and General Meeting of the IAACA and the APEC Anti-Corruption and Transparency Symposium. China has also participated several times in such international anti-corruption conferences as the Global Forum on Fighting Corruption and Safeguarding Integrity, the Global Forum on Government Reform and the IACC.

Extradition and repatriation of corruption suspects is an important part of international anti-corruption cooperation. In 1984, China acceded to the International Criminal Police Organization, and enhanced international cooperation in catching corruption suspects fleeing abroad. In 2000, China promulgated the Extradition Law of the People's Republic of China, which laid the legal foundation for extradition cooperation between China and other countries. So far, China has concluded bilateral extradition agreements with 35 countries, and acceded to 28 multilateral conventions which contain provisions of judicial assistance and extradition. China conducts international judicial cooperation, including extradition, with more than 100 countries in accordance with the United Nations Convention against Corruption and the UN Convention Against Transnational Organized Crime.

Conclusion

The CPC and the Chinese Government have been making great efforts to combat corruption and build a clean government, which has yielded notable results. Practice over the past few decades has proved that the path of combating corruption and building a clean government with Chinese characteristics conforms to the fundamental reality that China is still in the primary stage of socialism. It also conforms to the wish of people of all ethnic groups in China as well as the rule in fighting corruption and safeguarding integrity. We believe that, with the constant improvement of and progress made in China's socialist market economy, socialist democracy, legal system, society and culture, the CPC and the Chinese Government will, relying on their own strengths and the support of the Chinese people, minimize crimes of corruption. The prospect of combating corruption and building a clean government in China is bright.

It is the common aspiration of all humanity and the common task faced by all governments and parties to combat corruption and safeguard integrity. It is also the basic policy of the Chinese Government to strengthen international anti-corruption exchanges and cooperation. China will continue to play a positive role in international and regional anti-corruption exchanges and cooperation and endeavor, together with other countries, to build a clean, just, harmonious and fine world.

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