On the Construction of Deepening Anti-corruption Mechanism

2018-02-19 18:01DingHuanxiangXuliang
学术界 2018年3期

Ding Huanxiang,Xuliang

(1.Law School Zhejiang Wanli University,Ningbo Zhejiang 3151002.Xiaoshan District People’s Congress, Hangzhou Zhejiang 311200)

Since the Eighteenth National Congress of the CPC,our country has persists in running the Party strictly,takes “zero tolerance” attitude to corruption,adheres to the principle of fighting both “tigers” and “flies”,and also adheres to the combination of treating root causes and treating symptoms,punishes corruption with great strength,strengthens system firewall,thus having promoted the steady development of anti-corruption and achieved significant stage results,all of which are beneficial to the construction of anti-corruption mechanism.Anti-corruption is always on the way,and the anti-corruption mechanism is the basic work to achieve the goal of anti-corruption,it is a systematic project that needs to be strengthened and promoted by us.

Ⅰ.Meaning and characteristics of anti-corruption mechanism

It needs the foundation of system and the guarantee of organizational system for anti-corruption,but it is more necessary to build and form an effective mechanism to fight corruption,so that the anti-corruption can be really put into practice.Therefore,we must understand and grasp the basic meaning and characteristics of anti-corruption mechanism.

1.Meaning of anti-corruption mechanism

From the original meaning,mechanism refers to the structure and working principle of machine,and from the unfolding meaning,it refers to the rational structure and operation mechanism of the body itself and the regular operation mode formed between elements.〔1〕Mechanism generally refers to the process and way of the interaction between the organizations or parts of a working system.Therefore,the system that forms the mechanism is necessarily a system,namely,mechanism is “a organic system of the interaction,interconnection and constraint between the internal elements of the system,and because of the role of its internal structure and external conditions,a work (operation) mode with a certain degree of direction and motion,automatic correction and stabilizing effect is formed inside things in this system.”〔2〕Therefore,anti-corruption mechanism refers to a organic operation system of the interaction,interconnection and constraint between the constituent elements (parts) and elements of national anti-corruption,or anti-corruption mechanism refers to the operation state that anti-corruption should has and forms to achieve its function through the coordination of various elements as a social system project.

As a system (project),anti-corruption mechanism should include the following elements:power,interest,system,mechanism,idea,institution,body,means (measure),procedure,resource,and environment,etc.Corruption is often the abuse of power and the rent-seeking of power to seek unlawful interests;serious corruption often means institutional corruption,so fighting corruption needs to rebuild the system;when good system is without the support of good mechanism,power concentration and autocratic rule of man will occur,the index of corruption will increase,if more serious,collective corruption (institutional corruption) will occur;without correct idea of power,the professional ethics of power holders may collapse,which increases the subjective possibility of corruption;authoritative institutions that investigates and deals with corruption should be set up in the construction of anti-corruption to ensure the timely punishment for corruption;corruption crime is human behavior,and it inevitably involves all kinds of subjects,so different subjects should play different roles in anti-corruption;corruption governance can’t be without means,so selecting the best means is an important part in anti-corruption;the restriction of power requires to use power according to law,which means that the use of power can’t be capricious,it must be carried out according to procedure,and the investigation of corruption also requires to obey procedure and law to ensure the protection of human rights;resources should be accumulated,and the input and effect of corruption governance should be increased in the construction of anti-corruption;and the social environment that power holders are afraid of corruption,unable to corrupt,and will not corrupt should be created in the construction of anti-corruption,which fundamentally controls and reduces corruption.Therefore,it is necessary to pay full attention to the position and role of various elements in the operation of anti-corruption mechanism.

The function of anti-corruption mechanism is:form an ecological system that has scientific and reasonable power distribution and balance,exercises power according to law and accepts supervision,advocates probity and combats corruption,has transparent government and takes “zero tolerance” altitude to corruption,thus making the power holders develop the good habits of being clean-fingered and self-disciplined,handling affairs impartially,and being honest and law-abiding,which truly embodies the purpose that people’s government is for the people.

2.Characteristics of anti-corruption mechanism

As a kind of mechanism in the social field,anti-corruption mechanism not only has the characteristics of general mechanism,but also has the characteristics that embody the properties of its own field.Anti-corruption mechanism should have the following characteristics:

(1)Systematicness.The construction of anti-corruption mechanism is a systematic project.The factors of corruption crime are complex and diverse,the development of corruption crime needs process and stage,and the harm of corruption crime is serious and corrosive;while corruption governance also needs the guidance of system theory,which refers to systematically organize strength,systematically develop various beneficial factors to eliminate adverse factors,weave the anti-corruption network,fight,prevent and control in many ways,thus breaking through each one and achieving comprehensive promotion without dead angle.

(2)Comprehensiveness.Comprehensiveness emphasizes the combination of punishment,education and prevention.In the period of rampant corruption crime,combating corruption is in the first place,namely,making the combat and punishment for corruption crime normalize,taking zero-tolerance altitude and making corruption crime in progress by punishing corruption crime (including “tigers” and “flies”) to exterminate the arrogance of corruption crime and let the public be confident.Strengthening education,stricting the system and discipline,promoting the positive energy of society,and establishing the concept that corruption crime must be caught are the important content of building anti-corruption mechanism.Analysis of the source of corruption crime,especially the multiple fields and key areas of corruption crime,doing a good job of targeted prevention and control step by step is not only the root of anti-corruption mechanism,but also the purpose of anti-corruption mechanism.

(3)Transparency.Transparency means visible.Corruption crime is often caused by darkness,and black-box operations and shady deals are often carried out behind the public.The construction of anti-corruption mechanism must emphasize that power should run in the sun.Firstly,the distribution of government’s power must be reasonable and clear,pay attention to decentralization of authority and avoid centralization of power and autocracy;secondly,government’s power must be operated in accordance with legal procedure,and be restricted by procedure;thirdly,government’s information should be open to the public for the purpose of accepting supervision;fourthly,in addition to emergency,government’s major decisions and actions need to seek public opinion and the approval of representative office (NPC);finally,accountability system for the consequences of power use should be implemented.Therefore,transparency is the deadliest weapon that,and also the annoying characteristic that the construction of anti-corruption mechanism must have.

(4)Legalization.The work of anti corruption should be brought into the track of rule of law.In accordance with the requirements of general secretary Xi Jinping,the government should use the thinking of rule of law and the way of rule of law to promote the construction of anti-corruption mechanism.The rule of law is the best choice to put power into a cage.Therefore,to run the country according to law,govern by law,run the government according to law,achieve judicial fairness,clear the boundary of power,strengthen the power supervision,and perfect the democratic system through rule of law is the best path to treat the symptoms of corruption.The new government has made clear that the government should provide the “list of powers” to ensure “anything can’t be done without legal authorization”;the government should provide the “negative list” to clear what the social subject shouldn’t do,and ensure “everything can be done with legal authorization”;sort out the “list of responsibilities” to clear the responsibility that the government manages the society,and ensure “legal responsibility must be undertaken”,which is a good process of carrying out the rule of law and running the government according to law for the government.To clear the source and boundary of government’s power is not only the key to the establishment of limited government and the government ruling under law,but also an important measure to eradicate the corruption crime.In 2015,some representatives put forward a proposal for the formulation of Laws against Corruption at the Two Sessions,the NPC chairman Zhang Dejiang also made clear that it is necessary to promote the national legislation of anti-corruption,and study and amend the law of supervision over administration.Anti-corruption according to law is the most effective means to fight corruption,and it is also the fundamental way to solve the problem of corruption.〔3〕

(5)Public participation.The construction of anti-corruption mechanism needs the design of the top level,and it also needs the wide participation of the public.The supervision of power not only needs the balance between powers,but also needs the supervision,examination and attention of the public.The government should become a transparent government,and the public should be bold,active and good at participating in the supervision of power,improve the consciousness of main body status,and be bold to put forward suggestions and measures in the construction of anti-corruption mechanism,and actively participate in the prevention,attack and control of corruption crime.The anti-corruption mechanism without the public participation is easy to lose its function,because corruption itself is a crime against the public,and it often infringes on the interests of the public.Therefore,public participation is an important aspect of the anti-corruption work,and it is also an important part of the politics of a democratic country.

(6)Scientific dynamic.The construction of anti-corruption mechanism must adhere to the scientific attitude and pay attention to the dynamic law between the elements.It is necessary to make a full analysis on the causes,influence factors,related connections of corruption,concentrate on grasping the role of different factors in the process of corruption and anti-corruption,as well as the possible influence of the change of social situation on the anti-corruption mechanism,strengthen the information collection,analysis,selection,and storage of anti-corruption and grasp the information orientation of anti-corruption,and do a good job in the decision,execution and evaluation of the operation of anti-corruption mechanism according to the information feedback and utilization to achieve the normalization,persistence,scientification and dynamic of anti-corruption.

(7)Internationalism.With the strengthening of economic globalization and international openness,the harm of corruption to the economic development and political legitimacy of a country often has surpassed national boundary and region,and the activity of bribery in international business activities,and corruption crimes,such as corrupt officials’ escape,stolen money outflow,and offshore money laundering have been very common.The corrupt people’s escape to another country has become a major obstacle to the effective punishment of corruption crimes in all countries.Corruption has become a global problem,so it is necessary for the international community to strengthen the cooperation in this field and establish an anti-corruption cooperation mechanism to effectively prevent and combat corruption.Therefore,it is inevitable to establish a global corruption governance mechanism.International anti-corruption cooperation began in the 70s of last century and the global anti-corruption cooperation mechanism between countries was truly formed in 90s,international civil organizations,international organizations,relevant governments and some international activists actively devote themselves to the construction of global corruption governance mechanism,so global and regional international anti-corruption conventions and treaties appear,which promotes relevant countries to improve domestic anti-corruption legislation and promotes international cooperation in the corruption governance.The UN Convention Against Corruption adopted in 2003 marks the formation of international cooperation mechanism against corruption.The extradition of escaped corrupt officials,asset recovery and return,joint investigation and judicial assistance have become the important content of the international cooperation mechanism against corruption.China has signed the UN Convention Against Corruption,therefore,it is inevitable to perfect the legal system of our country,strengthen the connection with other countries in anti-corruption,share the experience and mechanism of anti-corruption,promote information exchange and communication,concentrate on combating criminals fleeing with huge amounts of money,strengthen the detection and punishment of national high-level corrupt people with huge amounts of money abroad,and improve international anti-corruption cooperation.And in practice,China has further promoted and strengthened the international cooperation on anti-corruption,and has achieved corresponding results.The scope,field,organization and level of the international cooperation on anti-corruption will be further enhanced.

Ⅱ.Value analysis of building the anti-corruption mechanism in our country

1.The need to reconstruct the ruling legitimacy of the party and government

The Communist Party of China is the ruling party,and its status is determined by its historical role.However,the serious corruption phenomenon in the party seriously violates the purpose and goal of the party itself and inevitably affects the leadership of the party,which completely possible to change the leadership of the Communist Party of China as the core of socialist construction,thus shaking the ruling legitimacy of the Communist Party of China and its government.Therefore,the Communist Party of China attaches great importance to anti-corruption,especially the big activities against corruption since the 18th CPC National Congress can be seen as the need to reconstruct the ruling legitimacy of the party and the government,and it also shows that it is necessary to have a scientific anti-corruption mechanism to achieve the continued effectiveness of anti-corruption.Moreover,the trend of anti-corruption from treating the symptoms to treating the roots in reality is the practice of the construction of anti-corruption mechanism.

2.The important content to ensure the promotion and implementation of deepening reform

The Decision of the Central Committee of the Communist Party of China on a Number of Major Issues in Deepening Reform in an All-round Way in the Third Plenary Session of the 18th CPC Central Committee and The Decision of the Central Committee of the Communist Party of the Communist Party of China on a Number of Major Issues in the Promotion of Running Country According to Law in an All-round Way in the Fourth Plenary Session of the 18th CPC Central Committee show that deepening reform is an important work of the Communist Party Chinese to tackle tough,and only by deepening the reform can China continuously enhance the road confidence,theoretical confidence,institutional confidence and cultural confidence of socialism with Chinese characteristics,lay the foundation for the realization of the Chinese dream,and make the country rule according to law.Corruption behavior and corruption phenomenon are the things that are incompatible with the Chinese dream and the country under the rule of law,therefore,only by building the anti-corruption mechanism in our country can China ensure the promotion and implementation of deepening reform and the realization of a well-off society in an all-round way,moreover,the construction of anti-corruption mechanism in China has become an important content of deepening reform.

3.The important content to promote the development of democratic politics of the party and society

Lack of democracy will lead to autocracy,which is the important cause of corruption behavior and phenomenon.Without democracy,power will not be supervised,and corruption will inevitably occur.In reality,corruption,buying and selling official position,obtaining benefits by using power,officials’ mutual protection,and abuse of power in the corruption phenomenon are related to the lack of democracy and supremacy of power in society.From the activity of fighting tigers and flies in the struggle against corruption,it is known that the important reason for corruption is power is not restricted,especially the head of the party and the government.The work of anti-corruption needs to strengthen democratic construction,raise the constraint between powers and enhance the degree of citizens’ supervision on power and participation in politics through the construction and implementation of system,and it especially needs to promote social democracy,guide the reform of political system,and promote the development of democratic politics through strengthening democracy within the party.The report at the 19th National Congress of the Communist Party of China has made clear that anti-corruption is always on the way,and China is determined to win an overwhelming victory against corruption.〔4〕Therefore,the construction of anti-corruption mechanism will inevitably promote the development of democratic politics in China.

4.The important content to promote the construction of the country ruled by law

The rule of law adopted by modern countries is the national governance mode corresponding to the rule of man,and it should be the best choice for national governance.In addition to philosopher politics,the lack of rule of law will inevitably lead to autocracy.Corruption refers to the corruption of power,and the rule of law more refers to the rule and regulation of power.The Fourth Plenary Session of the 18th CPC Central Committee makes clear that the general objective is to build a socialist law system with Chinese characteristics and build a socialist country under the rule of law,and it emphasizes that law is an important weapon to govern the country,and good law is the premise of good governance,and China should adhere to the integrated construction of the country under the rule of law,the government under the rule of law,and the society under the rule of law,realize the goal of scientific legislation,strict law enforcement,judicial justice and law-abiding public,and promote the modernization of national governance system and governance capacity.The construction of anti-corruption needs to be legalized and institutionalized to make the content,organization,means and punishment of anti-corruption clear,ensure there is legal basis,and achieve the effect that people is afraid of corruption,unable to corrupt,and will not corrupt in front of the legal system through practice.Therefore,the construction of anti-corruption mechanism is an important content of promoting the construction of the country ruled by law.

5.The need to build a cultural atmosphere against corruption

For a long time,China has not ignored the problem of corruption and has always been fighting against corruption,and the relevant state organs and scholars also attach great importance to the research on anti-corruption.The issues involving anti-corruption are planned by the National Social Science,the Ministry of Education,the Ministry of Justice,and the Provincial Social Science,and all the results have important academic and application value.Some of our actual work departments are also exploring the prevention and treatment of corruption,and the whole society is also feeling the harm of corruption;some people know that corruption is not fair,but they are still properly corrupt.Although many places and departments have established anti-corruption institutions and carried out local legislation and departmental regulation,the effect is not obvious,and the corruption is even becoming more and more serious.The reason why corruption is common is that people just talk,but seldom take action in the anti-corruption,and they just repair the loopholes that cause the corruption,countermeasures are not practical and effective,measures are not specific and powerful enough,some good systems are lacking in execution,and people’s social herd mentality is serious,on the one hand,everyone hates corruption,on the other hand,everyone is entangled with corruption.It can be seen that the prevalence of corruption is greatly influenced by the politics,management system,traditional culture and social environment in China.In order to completely reverse the present situation of corruption,China must carry out systematic construction,govern it from the root,cultivate the culture of anti-corruption and build the anti-corruption mechanism.〔5〕The CPC Central Committee with Xi Jinping as the core adheres to “no forbidden zone,full cover,zero tolerance” in the anti-corruption,anti-corruption is on the way,and it is necessary to fight against corruption without relaxation through practical “four objections” and “eight prohibitions”,which will vigorously promote the cultivation of anti-corruption culture and the construction of anti-corruption mechanism.

6.The need to integrate into the global governance mechanism of corruption

Under the background of economic globalization and informatization of international society,corruption has crossed the national boundary,and it will inevitably affect the economy,politics and main interests of international community and become a world public nuisance.The different degree of corruption in different stage of the historical process of different countries and their effect of governance have provided invaluable experience and reference for other countries;the multinational cooperation on anti-corruption and prevention also have provided the international community with the reference;the anti-corruption policy toolbox studied by the international anti-corruption research institute has provided a reference for the anti-corruption of various countries;and the regional and international anti-corruption conventions or regulations formed internationally have provided the international community with the rules and guidelines needed for anti-corruption.For example,the research results and countermeasures of international non-governmental organization Transparency International on corruption and anti-corruption over twenty years,the anti-corruption effect of the social movements used to promote the reform of government and the corresponding government reform in the United States,the mature and complete modern national system of clean administration and honest party in the related Nordic countries,the adoption of UN Convention Against Corruption in 2003 which marks the formation of international cooperation mechanism for anti-corruption,and the anti-corruption strategy of education,punishment,prevention created by Hong Kong,have provided a reference for the international community to govern corruption.The globalization of corruption has led to the further development of global cooperation on corruption governance,therefore,on the basis of the in-depth study on foreign anti-corruption theories and practical experience,and combining China’s conditions,to learn from the anti-corruption theories and practical experience of other countries and regions in the world and understand the trend of international anti-corruption and the universal measures can double the effect of China’s anti-corruption career and avoid detours.Therefore,building our country’s anti-corruption mechanism is the need to integrate into the global governance mechanism of corruption.

Ⅲ.Construction of deepening the prevention and control mechanism of anti-corruption

Combating and punishing corruption is the important link of anti-corruption,and preventing and controlling corruption is the basic project of anti-corruption.The principle of both treating symptoms and root should be adhered in anti-corruption,and the construction of prevention and control mechanism of anti-corruption has far-reaching significance.The prevention and control mechanism of anti-corruption includes two parts,namely,prevention and control;prevention emphasizes system construction,control emphasizes the restriction of operation process,but prevention and control are complementary and indispensable.The construction of prevention and control mechanism of anti-corruption is hierarchical,and we focus on the following aspects.

1.Build a clean government through the construction of law-based government.Under the situation of promoting the law-based country in an all-round way,we must firstly build a law-based government.First of all,the law-based government is a limited government.The power of government should be stipulated in the law,and the power not stipulated in the law should not be exercised.The corruption property of power determines that the power of government must be limited by its due function,and power must be legal.〔6〕Any act of abusing power and transcending power should be sanctioned.Secondly,the law-based government is a service government.According to the nature of the country,national institutions and governments at all levels are established in accordance with the will of the people,the people is the master of the country,and the national cadres and the civil servants in government departments are servants of the people.Therefore,the purpose of government is to serve the people,the goal of all its actions must be beneficial to the international,the nation,and the people,and government should accept the supervision of the people at the same time.Thirdly,the law-based government is a transparent government.The operation of the power of government must be seen by the people,the government must be like sunshine,and it should not exercise its power at its will.The government’s sunshine requirement forces all activities of government not arbitrary,and forces government exercise power according to law and respond to the questions of the people.In order to ensure the transparency of government,it is necessary to strengthen the construction of electronic government to facilitate the disclosure of government’s information.The decision of “Five Disclosures” to promote government’ decision-making,implementation,management,service and result made in the Fourth Plenary Session of the 18th CPC Central Committee is based on the requirement of building a transparent government.〔7〕Finally,the law-based government should generally be a democratic government.Democratic government requires government officials to make democratic decisions on major issues,not ignore democracy,and take action without authorization,or they shall take the corresponding responsibilities.Therefore,only by building law-based government can ensure clear power,balance of power,as well as the interaction between rights and power,and can a clean government be created.

2.Promote government governance through the construction of modern public financial system.Finance is the mother of the politics,and it is the basic means and important pillar of government governance.Advancing the breakthrough reform in finance and tax field and speeding up the establishment of modern financial system is the necessary channel to improve the modern governance ability of the government,and it is also the important link to prevent corruption and maintain clear government.We shall reform the budget management system and incorporate all the financial revenue into the budget management,fully implement departmental budget,zero-base budget and comprehensive budget system,realize the transparency of budgeting process,and implement the single budget and the special review and approval of the legislature for major projects.The construction of modern public finance requires the implementation of the system of “two lines of revenue and expenditure”,the establishment and perfection of financial security mechanism of government organs,the establishment of treasury centralized payment system,and the implementation of accountant assignment system in an all-round way.And then we shall further standardize the public procurement system,fully implement an open and competitive government procurement system,and perfect the supervision mechanism of government procurement.The member of the Standing Committee of the Political Bureau of the CPC Central Committee Wang Huning has long believed that corruption is non-public use of public power.〔8〕The modernization reform of public financial system reduces the link and space of rent-seeking for public power,and it is beneficial to the prevention of corruption crime.〔9〕

3.Build the property declaration and disclosure system for public officials.At present,more than 100 countries in the world have implemented the property declaration system for public officials,and more than 30 countries have implemented the property disclosure system for public officials.The implementation of property declaration and disclosure system for public officials is to reduce corruption and increase accountability.China began to discuss the property declaration system for public officials as early as the 80s of last century,but has always been staggering,and the official document related to the property declaration system for public officials at present is the Rules on Income Declaration of Leading Party and Government Officials above the County (Division) Level jointly issued by the General Office of the CPC Central Committee and General Office of the State Council in 1995.Our country has not yet established the property declaration and disclosure system for public officials with formal meaning and substantive meaning.Enhancing government trust shall start from improving the moral standards of government officials,and strengthening the construction of government’s integrity and the establishing and implementing the property declaration and disclosure system is one of the valuable measures and means.In the sense of the surface,the property declaration and disclosure will play a role of political declaration.Public officials’ act of unjustifiably seeking economic benefits is incompatible with the purpose of the responsible government.Forcing public officials to declare their income and requiring them to obey as a moral code stipulated by law is the concrete manifestation of maintaining the responsibility of government and striving for the trust of the people.Therefore,the public property declaration and disclosure system for public officials makes the decisions of public officials more transparent by preventing possible conflicts between public interest and private interests.And in the final analysis,all these will increase the public’s confidence in government.〔10〕Therefore,building the property declaration and disclosure system for public officials gradually or step by step in China,clearing the declaration subject,declaration time and frequency,declaration contents and methods,and declaration examination and disposal,and disclosing circumstances,methods,and other rules according to of our country’s situation and the determination of anti-corruption should be the important means to prevent and control the corruption crime.

4.Build the risk control system of corruption.The institutions and units with the responsibility of preventing and controlling corruption crime should carry out and guide the anti-corruption work of various system departments,especially the corruption risk control.The prevention and control department of corruption crime should strengthen the information sense,actively collect anti corruption information,analyze the possible space and time that corruption occurs,conduct the corruption risk investigation,collect the key objects,key areas and key positions with the risk of corruption and carry out key supervision,guide the establishment of systems,reduce or eliminate the risk of corruption,and deepen the officials’ and leaders’ understanding of anti-corruption.Each unit should analyze the possibility of corruption in an all-round way,attach importance to the construction of systems and mutual restraint measures,pay attention to education and warning,and implement the responsibility system of anti-corruption.The specific measures are:firstly,to compress and solidify the right of discretion.The elastic space of the discretion of administrative punishment is the soil for corruption.It is necessary to quantify and solidify the discretion standard for all matters related to discretionary power according to the degree and further compress public officials’ space for power rent-seeking;secondly,to promote the reform of administrative examination and approval system.The delegated approval shall be delegated to the lower level,and the matters entrusted to the administrative service center for examination and approval shall be entrusted.Reducing and terminating unreasonable administrative examination and approval according to law is not only convenient for the people to handle affairs,but also able to reduce the link that may cause corruption;thirdly,perfect the supervision system.Based on the operation of power,we should formulate relevant supervision and prevention system around normalizing the right of discretion,capital use right,organization and personnel right,project approval right,and decision-making right of matters,etc.Meanwhile,we should strengthen the external supervision and the contact with supervisory departments,such as Discipline Inspection Commission,Audit and Supervision Bureau,transmit relevant data and information timely,implement financial reporting and disclosure system,and conscientiously incorporate the work of “Three Majors and One Large” (decisions on major issues,appointment and removal of major cadres,investment decisions of major projects,and the use of large amounts of funds) into effective supervision and social supervision.

〔1〕 Modern Chinese Dictionary (supplement edition of 2002),Commercial Press,2002,p.582.

〔2〕Li Xiaoming et al., Research on the Legal Mechanism for Controlling Corruption,Law Press,2010,p.45.

〔3〕Zhao Bingzhi,Open the New Era of Rule under Law and Anti-corruption, Guangming Daily,March 21,2015,p.6.

〔4〕Xi Jinping, Build a Well-off Society in an All-round Way and Win the Great Victory of Socialism with Chinese Characteristics in the New Era — Report at the Nineteenth National Congress of the Communist Party of China,People’s Publishing House,2017,p.67.

〔5〕Li Xiaoming et al., Research on the Legal Mechanism for Controlling Corruption,Law Press,2010,pp.3-4.

〔6〕Zhang Shuyi, Basic Principles of the Government under Law,Peking University Press,2006,pp.216-224.

〔7〕 Decisions of the Central Committee of the Communist Party of China on Several Major Issues in the Overall Promotion of Running the Country According to Law,People’s Publishing House,2014,p.19.

〔8〕Wang Huning, Corruption and Anti-corruption:Research on the Corruption in Contemporary Foreign Countries,Shanghai People’s Publishing House,1990.

〔9〕He Zengke, Prevention and Control of Corruption and Governance Reform,Jilin People’s Press,2009,p.86.

〔10〕Ren Jianmin, Anti-corruption System and Innovation,China Fangzheng Press,2012,pp.279-280.