The Situation Of China'S Anti-Corruption Is Still Grim &Nbsp, And The Loopholes In Mechanism Make It Difficult To Achieve Checks And Balances.

In December 14th, Chen Zhaofang, former vice president of Wuhan University

4 days before the opening of the Chen Zhao plan, in December 10th, the Hanjiang intermediate people's Court of Hubei province sentenced the Changjiang Construction Department of the Ministry of logistics support of the Wuhan University to the first instance, and Jiang Jianqin, who was sentenced at the same time, was also the former deputy minister Min Qiwu of Wu Da logistics support department. Before that, Zhu Shanhe, the former general manager of Wuhan post service group and the former deputy general manager of Wu Da logistics service group, and Peng Li, the maintenance team leader of logistics group, fell off one after another.

The logistics group of a university has produced such a long list of corruption on the "birth". Even though the world has had a "normal mind" on corruption, the list of corruption has caused quite a stir in society. At the same time, the discussion on corruption has increased again.

Wang Ming, vice president of Hunan University of Commerce, who has been studying corruption for a long time, has served as the head of the research group on the major project of China's punishment and prevention of corruption. He told the Legal Daily reporters that although China has made many efforts in anti-corruption, it still has many problems.

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According to the Central Discipline Inspection Commission's supervision department, in 2009, the discipline inspection and supervision organs of the whole country accepted 1318362 letters and reports (140828 times), initially verified 140828 disciplinary clues, filed 115420 cases, closed 101893 cases, and punished 106626 people.

Among them, 3743 cadres above the rank level were pferred to 764 county level cadres above the judicial organs.

A large number of major cases such as Wang Yi, Mi Fengjun, Chen Shaoyong and Zheng Shaodong were pferred to judicial organs for handling according to law. A number of major cases such as Xu Zongheng, Kang Rixin and Zhang Chunjiang were being filed for inspection.

In October 26th this year, the international anti corruption organization Transparency International released the "incorruptible index" that reflects the integrity of a country, ranking the seventy-ninth in mainland China, an increase over the previous year.

Insiders believe that a series of anti-corruption measures and the improvement of international organizations' Anti-corruption ranking means that China's anti-corruption business has made great progress.

"However, the situation of China's anti-corruption is still very grim."

Wang Minggao said, there is a set of figures to illustrate this problem: according to the Central Commission for Discipline Inspection, from January 2009 to November, the discipline inspection and supervision organs initially verified that the number of disciplinary clues increased by 4.7%, the number of cases registered increased by 4.5%, the number of punishment increased by 2.5%, and the number of pferred judicial organs increased by 16.6%.

The discipline inspection and supervision organs at all levels have increased the number of cadres above the county level by 10.8%, and the number of cadres who punish corruption and bribery has increased by 19.2% over 1 million yuan.

Data from procuratorial organs showed that in November last year to August this year, China's procuratorial organs filed 6375 cases of malfeasance and infringement cases, 8840 cases of which were increased by 6% and 10.6% respectively, including 3019 cases of serious cases, an increase of 9% over the same period last year.

"These data indicate that it is not easy to fundamentally curb the trend of corruption in China."

No effective mechanism of checks and balances has been formed. There is no rigid enforcement of the system. There is no uniform basic law, which has affected the progress of combating corruption and building a clean government to a certain extent.

From the new edition of clean government guidelines for Party members and leading cadres to restrict the new regulations of "naked officials" exit, and then to the newly issued regulations on economic responsibility audit of cadres.

Since the beginning of this year, the central government has been cracking down on corruption repeatedly, and has been meeting for many times.

However, under such a heavy blow, corruption is still hard to contain.

"There are 3 main reasons for this."

Wang Minggao said, first, the system design is not scientific.

Although the current system design also focuses on power restriction, it does not form an effective mechanism of checks and balances. Secondly, the dispersion of legal provisions, or in criminal law, or in administrative and economic regulations, or in departmental rules and regulations, is difficult to operate in the fight against corruption, and to a certain extent, it affects the progress of anti-corruption work.

"The second reason is the lack of rigour in the implementation of the system.

The existing criminal law does not provide special provisions for the legal responsibilities and obligations of state organs staff in the aspect of honesty and self-discipline, and is obviously lower than the general theft crime in the punishment of corruption crimes. It does not carry out the principle of adaptation of crime and punishment, and it is difficult to play the proper disciplinary and deterrent role.

Wang Minggao said.

It is understood that at present, there are many kinds of laws and regulations governing corruption in China, and there are more than 1200 laws and regulations.

"This reflects third reasons, namely, the lack of a unified basic law in anti-corruption work.

At present, there are no uniform requirements for laws, regulations and systems, and some regulations and systems lack scientific proof.

Wang Minggao told reporters of "Legal Daily".

The family property declaration system has become the common anti-corruption weapon in the world. The financial real name system is the twin brother of the family property declaration system. It is like the Damour Kris sword hanging from the corrupt official.

Then, how to build a scientific anti-corruption system?

Wang Minggao believes that China's anti-corruption has the particularity of China. The scientific anti-corruption system with Chinese characteristics should mainly include family property declaration system and financial real name system.

It is reported that the family property declaration system, that is, the system of family declaration, registration and publication of property, is regarded as the core content of the scientific anti-corruption system, and is also an important measure to reflect the concept of "terminal governance of corruption".

At present, nearly 100 countries in the world have implemented this system. The household property declaration system has become the common anti-corruption weapon in the world. The financial real name system is the twin brother of the family property declaration system. It is like the Damour Kris sword hanging from the corrupt official. The practice of anti-corruption has proved that the financial real name system is the best and most effective system for punishing and preventing corruption in the world at present.

"But if we implement these two systems in our country, we still face three difficult problems."

Wang Minggao said, first, because there is no open, unified and standard citizen credit guarantee system in China at present, personal credit is hard to verify, and anti-corruption work lacks strong technical support. Two, in order to evade property declaration and capital verification, corrupt elements will inevitably pfer large amounts of corrupt funds and illegal income to other people's names or give friends and relatives to evade the sanction of the law. Three, corrupt elements can not hide in China, and they must try their best to escape, which is bound to cause huge losses to national wealth, damage the implementation of laws and damage social justice.

Wang Minggao continued to analyze that in order to solve the above three problems, 3 matching systems and a law must be promulgated, namely, the introduction of inheritance tax and gift tax system, civil credit protection number system, anti-corruption international cooperation system, and the formulation of anti-corruption law.

"Inheritance tax and gift tax system" is a common tax in many countries around the world.

The implementation of inheritance tax and gift tax system in China will help to weaken the motive of corruption, and help pform some gray income and illegal income into national income and increase national wealth, which is conducive to narrowing the gap between the rich and the poor and maintaining social stability.

Wang Minggao said that the main feature of the citizen credit number protection system is one person one, and the whole life will remain unchanged.

Based on the national credit database, it establishes a perfect social credit system through the establishment of key numbers, and the government has strict cross network management.

Once someone breaches the act, it will be recorded in the social security number, which will affect the personal interests of the person.

The establishment of citizen credit guarantee number not only helps reshape social credit, improve social security system, reduce social crime rate, but also help cut off corrupt elements' ways to deal with illegal gains and crack down on corrupt officials.

In addition, Wang Minggao also proposed that, through the formulation of the anti-corruption law, we should establish a systematic and effective legal system, define the functions and responsibilities of anti-corruption organizations, investigate and collect evidence of corruption crimes and conviction and sentencing, so as to provide necessary legal basis and hand for our anti-corruption struggle, so as to prevent and punish corruption actions, prevent abuse of power, and make national public officials "dare not corrupt", "can not corrupt" and "do not want to corrupt", so as to fundamentally curb and eradicate corruption.