China's Efforts to Combat Corruption and Build a Clean Government

中国的反腐败和廉政建设

【法宝引证码】

Issuing authority： State Council Information Office
Date issued： 12-01-2010

China's Efforts to Combat Corruption and Build a Clean Government Information Office of the State Council The People's Republic of China December 2010, Beijing		中国的反腐败和廉政建设（2010年12月　中华人民共和国国务院新闻办公室）
Contents		目录
Preface		前　　言
I. Unswervingly Pushing forward the Undertaking of Combating Corruption and Building a Clean Government		一、坚定不移地推进反腐败和廉政建设
II. Leadership System and Working Mechanism for Combating Corruption and Building a Clean Government		二、反腐败和廉政建设领导体制与工作机制
III. Legal Framework for Combating Corruption and Building a Clean Government		三、反腐败和廉政建设法律法规制度体系
IV. Power Restraint and Supervisory System		四、权力制约和监督体系
V. Prevention of Corruption through System Reform and Institutional Innovation		五、通过体制改革和制度创新防治腐败
VI. Handling Cases of Corruption in Accordance with Law and Discipline		六、依法依纪查处腐败案件
VII. Education in Clean Government and Construction of the Culture of Integrity		七、廉政教育和廉政文化建设
VIII. International Exchanges and Cooperation in Combating Corruption		八、反腐败国际交流与合作
Conclusion		结束语
Preface Corruption is a socio-historical phenomenon, an inveterate global ailment and an issue of great concern to the general public. It is the firm stance of the Communist Party of China (CPC) and the Chinese government to combat corruption and build a clean government. The CPC and the Chinese government have been resolutely combating corruption and building a clean government since the founding of the People's Republic of China on October 1, 1949. Since the adoption of the reform and opening-up policy some 30 years ago, especially since the beginning of the 21st century, China's social productive forces have been developing at a high speed, with the overall national strength notably increasing and the people's living standards greatly improving. China's international status and influence have been enhanced remarkably, and great achievement has been made in the socialist construction of economy, politics, culture, society and ecological civilization. In combating corruption and building a clean government, China adheres to the principle of addressing both the symptoms and the root causes of corruption, and taking comprehensive measures to rectify both, combining punishment with prevention while focusing on the latter. It has set up a system for corruption punishment and prevention and attached special importance to the rectification of the root causes and prevention of corruption and institutional improvement in combating corruption. It is trying to broaden work areas to prevent corruption at the source and gradually build a long-term mechanism of education for corruption prevention, a system of combating corruption and building a clean government, and a monitoring mechanism over the exercise of power. A new way of combating corruption and building a clean government that conforms to China's national conditions and displays Chinese characteristics has taken shape. So far, China's effort to combat corruption and build a clean government, which is managed systematically and promoted comprehensively, has yielded notable results. In the course of carrying out this work intensively, the interests of the state, the general public and citizens have been effectively protected, the situation for reform, development and stability has been constantly consolidated, and great strides have been made towards a strong, prosperous, democratic, harmonious and culturally advanced modern socialist state. As dramatic changes have been taking place in China's economic system, social structure, the pattern of interests, and people's ideas and concepts, various social contradictions have become increasingly prominent. Since the relevant mechanisms and systems are still incomplete, corruption persists, some cases even involving huge sums of money. Breaches of law and discipline tend to be more covert, intelligent and complicated. The situation in combating corruption is still very serious, and the tasks are still abundant. The CPC and the Chinese government always keep a clear vision of the long-haul, complicated and arduous nature of the undertaking of combating corruption and building a clean government. They will continue to follow the overall plan to establish and perfect the system of punishment and prevention of corruption, resolutely punish and effectively prevent corruption with more resolutions and powerful measures, so as to win the people's confidence with actual achievements in the anti-corruption campaign.		前言腐败是一种社会历史现象，是一个世界性的痼疾，也是社会公众十分关注的问题。反对腐败，加强廉政建设，是中国共产党和中国政府的坚定立场。 1949年10月1日中华人民共和国成立后，中国共产党和中国政府始终以坚决的态度反对腐败，加强廉政建设。改革开放特别是进入21世纪以来，中国的社会生产力快速发展，综合国力大幅提升，人民生活明显改善，国际地位和影响力显著提高，社会主义经济建设、政治建设、文化建设、社会建设以及生态文明建设取得重大成就。在反腐败和廉政建设方面，中国坚持标本兼治、综合治理、惩防并举、注重预防的方针，建立健全惩治和预防腐败体系，在坚决惩治腐败的同时，更加注重治本，更加注重预防，更加注重制度建设，拓展从源头上防治腐败工作领域，逐步形成拒腐防变教育长效机制、反腐倡廉制度体系、权力运行监控机制，走出了一条适合中国国情、具有中国特色的反腐倡廉道路。当前，中国的反腐败和廉政建设已经取得明显成效，呈现出系统治理、整体推进的良好态势。通过深入开展反腐败和廉政建设，国家利益、公共利益和公民个人利益得到有效维护，改革发展稳定的局面不断巩固，建设富强民主文明和谐的社会主义现代化国家迈出重要步伐。由于中国的经济体制、社会结构、利益格局和人们的思想观念正在发生深刻变化，各种社会矛盾凸显，各方面体制机制还不完善，一些领域的腐败现象仍然易发多发，有的案件涉案金额巨大，违法违纪行为趋于隐蔽化、智能化、复杂化。反腐败的形势依然严峻，任务依然繁重。中国共产党和中国政府对反腐败和廉政建设的长期性、复杂性、艰巨性始终保持着清醒的认识，并将继续按照建立健全惩治和预防腐败体系的总体部署，以更加坚定的决心和更加有力的举措，坚决惩治腐败，有效预防腐败，以反腐败和廉政建设的实际成效取信于民。
I. Unswervingly Pushing forward the Undertaking of Combating Corruption and Building a Clean Government Combating corruption and building a clean government is related to China's national development, the fundamental interests of the overwhelming majority of the Chinese people, social fairness, justice, harmony and stability. It is the consistent stand of the CPC and the Chinese government to resolutely punish and effectively prevent corruption, and endeavor to build a clean government. Shortly after the founding of the People's Republic of China in 1949, China established state procuratorial organs, government supervisory organs and organs for discipline inspection in the CPC, and promulgated a series of laws and regulations, including the Constitution of the People's Republic of China and Regulations of the People's Republic of China for Suppression of Corruption. The system and mechanism for combating corruption and building a clean government were basically in place. In order to guarantee the purity of the new people's political power, China launched the Three-anti Campaign (anti-corruption, anti-waste and anti-bureaucracy within the Party, government, army and mass organizations) and the Five-anti Campaign (against bribery, tax evasion, theft of state property, cheating on government contracts, and stealing economic information) from the end of 1951 to October 1952. Through these measures, those guilty of bribery and corruption were seriously punished, and a clean, just and lively atmosphere was fostered. In the late 1970s, China began to carry out the reform and opening-up policy. The reform and opening-up is a process of great social reform from a highly-centralized planned economy to a socialist market economy full of vigor, from a closed or semi-closed state to a state fully opened up to the outside world, which greatly liberated and developed the productive forces, and inspired social vigor. In this process corruption arose to some extent. Facing the new tests and challenges, China has implemented the policy of punishing corruption while making efforts to develop the economy, and carried out a series of special campaigns against such serious economic crimes as smuggling, illegal arbitrage of foreign exchange, embezzlement and taking bribes. A number of laws and regulations, including the Criminal Law of the People's Republic of China and the Criminal Procedure Law of the People's Republic of China, were promulgated, together with the establishment of auditing bodies, thus further improving the system of combating corruption and building a clean government, and exploring new ways and methods of combating corruption under the aegis of the law in the new circumstance of reform and opening-up. In the 1990s, China started to establish the socialist market economic system. Facing rampant corruption arising in the process of system transition, China made the decision to intensify efforts in opposing corruption and established a work pattern in anti-corruption that covered three aspects, i.e., ensuring leading cadres are incorruptible and self-disciplined, investigating and dealing with all breaches of law and discipline, and rectifying malpractices in various trades and departments. It was explicitly stated that both symptoms and root causes of corruption should be addressed, with education as the basis, laws as the guarantee and supervision as the key, and the soil that breeds corruption should be continuously removed through deepening reform. A number of laws and regulations on combating corruption and building a clean government were enacted, thus further improving the anti-corruption system. Anti-corruption and anti-bribery departments, departments dealing with dereliction of duty, malfeasance and infringement of citizens' rights were set up in the procuratorial organs. Many major decisions were made in this regard, including the decision to ban anyone in the army, public security forces or procuratorial, judicial or public security organs to engage in business transactions. Reforms in the structures, mechanisms and systems were carried out regarding administrative examination and approval, financial management, cadre and personnel affairs, etc. In addition, regulations were formulated to make government work, enterprise affairs and village affairs known to the public. The work of combating corruption and building a clean government has embarked on a road that features addressing of both symptoms and root causes of corruption, comprehensive treatment and gradual intensification of efforts to eliminate the root causes. Since the start of the 21st century, China has placed in a more prominent position the work of combating corruption and building a clean government, adopted the principle of addressing both symptoms and root causes of corruption, enforcing comprehensive treatment, giving simultaneous stresses to punishment and prevention while giving priority to prevention, and establishing the national anti-corruption strategy by setting up and perfecting a system of punishment and prevention of corruption to comprehensively promote this undertaking. In work arrangement, stress has been given to strictly investigating and punishing all violations of the law and discipline, earnestly handling problems concerning leading cadres' honesty and self-discipline, resolutely rectifying malpractices that bring damage to the people's interests, enacting and improving laws and systems on combating corruption and building a clean government, and making great efforts in promoting reforms in major areas and key links. The National Bureau of Corruption Prevention of China has been established to take overall responsibility for the anti-corruption work in all aspects. Efforts are being made to raise the ethical standards of citizens and foster a culture of integrity so as to foster values and concepts upholding integrity among the public. Such values are being promoted in rural areas, enterprises, schools, public institutions, and urban communities, and the mechanism of risk prevention and control related to combating corruption is being established. In combating corruption and building a clean government, China is more explicit in direction, clearer in thought, and more effective in measures. On the whole, it shows a good trend of development. After constant explorations in this field, China has gained a better understanding of and accumulated rich experience in combating corruption and building a clean government, which has promoted the country's rapid economic development and social stability. According to a survey by the National Bureau of Statistics of China, from 2003 to 2010, Chinese citizens' rate of satisfaction with the work of combating corruption and building a clean government rose steadily from 51.9% to 70.6%, and the percentage of citizens who thought corruption had been kept down to varying extents increased from 68.1% to 83.8%. Moreover, the efforts China has made in this regard have got positive comments from the international community.		一、坚定不移地推进反腐败和廉政建设反腐败和廉政建设关系国家发展全局、关系最广大人民根本利益、关系社会公平正义与和谐稳定。坚决惩治腐败和有效预防腐败，大力加强廉政建设，是中国共产党和中国政府的一贯主张。新中国成立之初，先后设立国家检察机关、政府监察机关和中国共产党的纪律检查机关，颁布了《中华人民共和国宪法》、《中华人民共和国惩治贪污条例》等法律法规，反腐败和廉政建设体制机制初步建立。为保持新生人民政权的纯洁性，中国开展了反贪污、反浪费、反官僚主义的“三反”运动和反对行贿、反对偷税漏税、反对盗骗国家财产、反对偷工减料和反对盗窃经济情报的“五反”运动。通过这些措施，坚决打击贪污腐败行为，惩处一批腐败分子，形成了风清气正、蓬勃向上的良好局面。 20世纪70年代末，中国开始实行改革开放政策。改革开放是一个从高度集中的计划经济体制到充满活力的社会主义市场经济体制、从封闭半封闭到全方位开放的社会大变革的过程，极大地解放了生产力，激发了社会活力。同时，在这个过程中也出现了一些消极腐败现象。面对新的考验和挑战，中国坚持一手抓发展经济，一手抓惩治腐败，开展以打击走私、套汇、贪污受贿等严重经济犯罪活动为重点的专项斗争，设立审计机关，制定《中华人民共和国刑法》、《中华人民共和国刑事诉讼法》等一批法律法规，进一步完善反腐败和廉政建设制度，探索在改革开放新形势下依法有序开展反腐败的途径和办法。 20世纪90年代，中国开始建立社会主义市场经济体制。面对新旧体制转换过程中腐败现象滋生蔓延的情况，中国作出加大反腐败斗争力度的决策，确立领导干部廉洁自律、查办违法违纪案件、纠正部门和行业不正之风的反腐败三项工作格局。明确提出坚持标本兼治，教育是基础，法制是保证，监督是关键；通过深化改革，不断铲除腐败现象滋生蔓延的土壤。制定了一系列加强反腐败和廉政建设的法律法规，不断完善反腐败制度体系。在检察机关设立反贪污贿赂部门、反渎职侵权部门和职务犯罪预防部门。作出军队、武警部队、政法机关一律不得经商等重大决策。推进行政审批、财政管理、干部人事等体制机制制度改革，实行政务公开、厂务公开和村务公开等制度。反腐败和廉政建设走上标本兼治、综合治理、逐步加大治本力度的轨道。进入21世纪，中国把反腐败和廉政建设放在更加突出的位置，确立标本兼治、综合治理、惩防并举、注重预防的方针，制定建立健全惩治和预防腐败体系这一反腐败国家战略，整体推进反腐败和廉政建设。在工作部署上，强调要严肃查处违法违纪案件，认真解决涉及领导干部廉洁自律的突出问题，坚决纠正损害群众利益的不正之风，制定完善反腐败和廉政建设法规制度，扎实推进重点领域和关键环节的改革。成立国家预防腐败局，统筹各方面的预防腐败工作。加强公民道德建设和廉政文化建设，推动社会公众树立崇尚廉洁的价值理念。推进农村、企业、学校、公用事业单位和城市社区廉政建设，推行廉政风险防控机制建设。中国的反腐败和廉政建设方向更加明确、思路更加清晰、措施更加有力，总体呈现出良好发展的态势。经过坚持不懈的探索，中国在反腐败和廉政建设上认识不断深化，实践不断发展，积累了丰富经验，促进了经济较快发展和社会稳定。中国国家统计局的民意调查结果显示，2003年至2010年，中国公众对反腐败和廉政建设成效的满意度平稳上升，从51.9%提高到70.6%；公众认为消极腐败现象得到不同程度遏制的比例，从68.1%上升到83.8%。国际社会也给予积极评价。
II. Leadership System and Working Mechanism for Combating Corruption and Building a Clean Government China's leadership system and working mechanism for combating corruption and building a clean government is determined by the systems of the state and government. In the practice of combating corruption and building a clean government over the years, China has put into place a leadership system and a working mechanism with Chinese characteristics, in which Party committees take unified leadership of the work, the Party and government both administer it, discipline inspection commissions of the Party organize and coordinate it, different departments take their due responsibilities related to it, and the masses support and participate in the endeavor. The CPC is the ruling party of China, and thus the effort to combat corruption and build a clean government is under the leadership of the CPC. The Party rules the country in a scientific and democratic manner, and in accordance with the law, and conducts its activities within the framework of the Constitution and laws. Throughout the history of revolution, construction and reform, the Party has always conscientiously made the work of combating corruption and building a clean government a priority task. Particularly since the reform and opening-up policies were introduced, the CPC Central Committee has formulated a series of strategies, principles and policies related to the work. Since 1993 the CPC Central Committee has been making arrangements for the work of combating corruption and building a clean government in the whole Party and country at annual plenary sessions of its Central Commission for Discipline Inspection. The State Council holds a working conference on building a clean government every year to make arrangements in the government system. The CPC Central Committee and the State Council have issued and revised the Provisions on the Responsibility System for Improving the Party's Style of Work and Upholding Integrity, specifying that leading groups and cadres at different levels should do a good job of combating corruption and building a clean government within their scope of duty in line with the principle of "taking responsibility for what he/she takes charge of" and that whoever violates the Provisions should be held accountable. To meet the requirements of the CPC Central Committee, local Party committees and governments incorporate the work of combating corruption and building a clean government into the overall plans of economic and social development, and into various reforms and policies, and arrange, carry out, examine and evaluate it together with the work of reform and development, thus ensuring that the work of combating corruption and building a clean government moves on steadily and effectively. Public support and participation is an important foundation for the success of combating corruption and building a clean government. Social organizations, news media and the broad masses of the people play a significant role in making suggestions and offering advices, participating in supervision, and uncovering corruption. In China, the major functional bodies for combating corruption and building a clean government are the Party's organs for discipline inspection, judicial organs of the state, supervisory and auditing organs of the government, and the National Bureau of Corruption Prevention of China. The Party's commissions for discipline inspection at all levels are special organs for intra-Party oversight set up in accordance with the Constitution of the Communist Party of China, and their members are elected by the Party congresses at the corresponding levels. As major organs for combating corruption and building a clean government, these commissions undertake the following major tasks: Upholding the Constitution and other statutes of the Party; inspecting the implementation of the lines, principles, policies and resolutions of the Party; and assisting the respective Party committees to improve the Party's style of work, and in organizing and coordinating the work against corruption. Their routine work includes providing education for Party members on their duty to observe Party discipline; overseeing the exercise of power by Party members holding leading positions; examining and dealing with cases in violation of Party discipline; dealing with complaints and appeals made by Party members; and guaranteeing the rights of Party members. The Party's Central Commission for Discipline Inspection functions under the leadership of the Central Committee of the Party. The Party's local commissions for discipline inspection at all levels and primary commissions for discipline inspection function under the dual leadership of the Party committees at the corresponding levels and the commissions for discipline inspection at the next higher level. The people's courts and people's procuratorates are both judicial organs of the state set up in accordance with the Constitution of the People's Republic of China. The former exercise judicial power independently, while the latter exercise procuratorial power independently, neither being subject to interference by administrative organs, public organizations or individuals. As judicial organs of the state, the people's courts try in accordance with the law all criminal cases, including cases of embezzlement, bribery and dereliction of duty considered to involve corruption, make timely and fair court decisions on cases of embezzlement, bribery and dereliction of duty that the procuratorial organs initiate public prosecution, and punish crimes of corruption in accordance with the law. As state organs for legal supervision, the people's procuratorates pursue liabilities of criminal acts, investigate state functionaries suspected of embezzlement and bribery, dereliction of duty, encroachment of right and other duty-related crimes, prevent duty-related crimes, and submit public prosecutions to people's courts on behalf of the state in accordance with the law. The Supreme People's Court and the Supreme People's Procuratorate also direct the trial and procuratorial work of corruption cases by means of judicial interpretations. The people's procuratorates and the people's courts offer timely procuratorial and judicial suggestions respectively to departments and organs concerned on major issues relating to duty-related crimes arising in the course of investigation and trial of cases. Supervisory organs of the government are set up in accordance with the Constitution of the People's Republic of China to exercise the power of supervision. They supervise over law enforcement by and integrity and efficiency of state administrative organs, their staff members and other personnel appointed by these organs, organizations empowered by laws or regulations to administer public affairs and their personnel engaged in public service, and organizations entrusted by state administrative organs in accordance with the law to administer public affairs and their personnel. Auditing organs are supervisory organs through auditing set up in accordance with the Constitution of the People's Republic of China. They supervise through auditing in accordance with the law the revenues and expenditures of all departments under the State Council and of local governments at all levels, and those of the state financial and monetary organizations and of state-owned enterprises and public institutions. China has also put into place a system of economic accountability auditing to supervise major leaders of state organs and other organs to be audited in accordance with the law. The National Bureau of Corruption Prevention of China is an organ that the Chinese government has specially set up to take overall responsibility for the work of corruption prevention. Its major responsibilities are to organize and coordinate the national work of corruption prevention, make overall plans in this regard, formulate relevant policies, examine and direct the work, coordinate and direct the work of corruption prevention in enterprises, public institutions, social groups, intermediate agencies and other social organizations, and take charge of international cooperation and technical assistance in this regard. Public security organs, financial institutions and other relevant departments and organizations also undertake the work of combating corruption and building a clean government within the scope of their duties and in accordance with the law. In the work of combating corruption and building a clean government, the above organizations with different functions are independent in performing their duties and, at the same time, coordinate and collaborate with one another. The Party's commissions for discipline inspection take disciplinary measures against Party members who violate Party discipline, after making investigations and collecting evidence. For those suspected of crimes, the commissions transfer them to judicial organs. Supervisory organs of the state administer punishment to those violating government discipline, and transfer those suspected of having committed crimes to judicial organs. Public security organs, auditing organs and administrative law-enforcement organs transfer those who violate laws or Party or government discipline to judicial organs, the Party's commissions for discipline inspection, or the supervisory organs of the state, depending on the specific circumstances. The people's courts and people's procuratorates transfer to the Party's commissions for discipline inspection or the supervisory organs of the state evidence and materials related to violation of Party or government discipline found in their work. These organs in China shoulder such important responsibilities as combating corruption and building a clean government, and safeguarding social fairness and justice. In recent years, these organs have taken strict measures to improve the requirement standards, education, management and supervision of personnel for law and discipline enforcement. To be specific, by strengthening internal management and enactment of rules, the mechanism of restraint and supervision has been improved, and personnel for law and discipline enforcement have been urged to use their power impartially and be strict with themselves. By promoting the principle of transparency in power exercise and the system of supervisors for building a clean government, the personnel for law and discipline enforcement have been encouraged to foster the sense of conscientious acceptance of supervision from all quarters, so as to constantly improve their capabilities and levels in law and discipline enforcement, thus providing the organizational guarantee for China's endeavor to combat corruption and build a clean government.		二、反腐败和廉政建设领导体制与工作机制中国的反腐败和廉政建设领导体制与工作机制，是由中国的国体和政体决定的。在反腐败和廉政建设实践中，中国探索形成了党委统一领导、党政齐抓共管、纪委组织协调、部门各负其责、依靠群众支持和参与的具有中国特色的反腐败领导体制和工作机制。中国共产党是执政党，中国的反腐败和廉政建设在中国共产党领导下进行。中国共产党坚持科学执政、民主执政、依法执政，在宪法和法律的范围内活动。中国共产党在革命、建设、改革的历史进程中，始终高度自觉地把反腐败和廉政建设摆在十分重要的位置。特别是改革开放以来，中共中央制定了一系列反腐败和廉政建设工作战略、方针和政策。自1993年以来，中共中央每年通过中央纪委全会向全党全国部署反腐倡廉工作。国务院每年都召开廉政工作会议，对政府系统的反腐败和廉政建设作出部署。中共中央、国务院还先后颁布和修订了《关于实行党风廉政建设责任制的规定》，明确要求各级领导班子和领导干部按照“谁主管、谁负责”的原则，在抓好业务工作的同时，抓好职责范围内的反腐败和廉政建设，对违反规定的，进行责任追究。全国各地区各部门按照中央要求，把反腐败和廉政建设纳入经济社会发展总体规划、寓于各项改革和重要政策措施之中，同改革发展工作一起部署、一起落实、一起检查、一起考核，保证了反腐败和廉政建设扎实有效地向前推进。人民群众的支持和参与是反腐败和廉政建设取得成功的重要基础。各社会团体、新闻媒体和广大人民群众，在建言献策、参与监督、揭露腐败等方面发挥着重要作用。在中国，反腐败和廉政建设的职能机构，主要有中国共产党纪律检查机关、国家司法机关、政府监察机关和审计机关以及国家预防腐败局。中国共产党的各级纪律检查委员会是依据《中国共产党章程》设立的党内监督的专门机关，由同级党的代表大会选举产生，是开展反腐败和廉政建设的重要机构。其主要任务是：维护党的章程和其他党内法规，检查党的路线、方针、政策和决议的执行情况，协助党的委员会加强党风建设和组织协调反腐败工作；其经常性工作是：对党员进行遵守纪律的教育，对党员领导干部行使权力进行监督，查处违犯党纪的案件，受理党员的控告和申诉，保障党员的权利。党的中央纪律检查委员会在党的中央委员会领导下进行工作。地方各级纪律检查委员会和基层纪律检查委员会在同级党的委员会和上级纪律检查委员会双重领导下进行工作。人民法院和人民检察院是依据中国宪法设立的司法机关，分别依法独立行使审判权和检察权，不受行政机关、社会团体和个人的干涉。人民法院是国家的审判机关，依法承担包括贪污贿赂渎职等腐败犯罪在内的各类刑事案件的审判工作，及时、公正地对检察机关提起公诉的贪污贿赂渎职等案件作出判决，依法惩治腐败犯罪。人民检察院是国家的法律监督机关，担负着依法追究刑事犯罪、侦查国家工作人员贪污贿赂和渎职侵权等职务犯罪、预防职务犯罪、代表国家向人民法院提起公诉等职能。最高人民法院、最高人民检察院还通过司法解释等方式，对贪污贿赂渎职等腐败案件的审判、检察工作进行指导。人民检察院、人民法院对侦查、审判案件过程中发现引发职务犯罪的重要问题，及时向有关部门和单位提出检察建议和司法建议。政府监察机关是依据中国宪法设立的行使监察职能的机关，依法对国家行政机关及其公务员和国家行政机关任命的其他人员，对法律、法规授权的具有公共事务管理职能的组织及其从事公务的人员，对国家行政机关依法委托从事公共事务管理活动的组织及其从事公务的人员执法、廉政、效能情况进行监察。审计机关是依据中国宪法设立的审计监督机构，依法对国务院各部门和地方各级人民政府及其各部门的财政收支、国有金融机构和国有企业事业单位的财务收支等进行审计监督。中国还建立了经济责任审计制度，对国家机关和依法属于审计对象的其他单位主要负责人进行审计监督。国家预防腐败局是中国政府为统筹预防腐败工作而专门设置的机构。其主要职责是：负责全国预防腐败工作的组织协调、综合规划、政策制定、检查指导，协调指导企业、事业单位、社会团体、中介机构和其他社会组织的防治腐败工作，负责预防腐败的国际合作和技术援助。公安、金融等其他有关部门和机构，也在自身职责范围内依法承担反腐败和廉政建设的相关工作。上述具有不同职能的机构，在反腐倡廉各项工作中既相对独立、各司其职，又相互协调、密切配合。中国共产党的纪律检查机关在掌握党员违纪线索之后，经调查认定为违犯党纪的，对其作出相应的党纪处分；对其中涉嫌犯罪的，移送司法机关处理。政府监察机关对于违反政纪的监察对象，作出相应政纪处分；涉嫌犯罪的，移送司法机关处理。公安、审计、行政执法机关在履行职责过程中发现有违法违纪行为的，根据具体情况分别移送司法机关或党的纪律检查机关、政府监察机关处理。人民法院、人民检察院在履行职责过程中发现犯罪嫌疑人涉嫌违犯党纪或政纪的，将有关证据材料移送党的纪律检查机关或政府监察机关处理。中国从事反腐败工作的机构承担着开展反腐败和廉政建设、维护社会公平正义的重大责任。近年来，这些机构采取一系列措施，对执法执纪干部队伍严格要求、严格教育、严格管理、严格监督，切实加强自身建设。通过加强内部管理和制度建设，完善制约监督机制，督促执法执纪人员秉公用权、严格自律；通过推行权力公开透明运行、廉政监督员等制度，督促执法执纪人员牢固树立接受监督意识、自觉接受各方面监督，不断提高执法执纪能力和水平，为中国的反腐败和廉政建设提供组织保证。
III. Legal Framework for Combating Corruption and Building a Clean Government China adheres to the rule of law as a fundamental principle, attaches importance to the regulating and safeguarding role of laws and regulations, and continuously promotes legalization and standardization in the fight against corruption and the building of a clean government. Based on the Constitution of China, a series of laws and regulations have been enacted for combating corruption and building a clean government, and based on the Constitution of the CPC, a series of intra-Party rules and regulations have been worked out, thus gradually establishing a legal framework for combating corruption and building a clean government with scientific contents, rigorous procedures, well-matched regulations and effective administration. ．．．．．．		三、反腐败和廉政建设法律法规制度体系中国坚持依法治国基本方略，重视发挥法律法规制度的规范和保障作用，不断推进反腐败和廉政建设法制化、规范化。以中国宪法为依据，制定了一系列反腐倡廉法律法规；以中国共产党章程为依据，制定了一系列中国共产党党内制度规定，逐步形成内容科学、程序严密、配套完备、有效管用的反腐败和廉政建设法律法规制度体系。为规范领导干部廉洁从政行为，中国共产党制定了一系列党员领导干部廉洁从政的行为准则和道德规范，建立健全防止利益冲突制度。1997年开始试行、2010年修订实施的《中国共产党党员领导干部廉洁从政若干准则》，明确提出严禁党员领导干部违反规定私自从事营利性活动、利用职权和职务上的影响谋取不正当利益等，比较全面地规范了社会主义市场经济条件下党员领导干部的廉洁从政行为，成为规范党员领导干部从政行为的基础性党内法规。针对权钱交易案件中出现的新情况新问题，2007年颁布《中共中央纪委关于严格禁止利用职务上的便利谋取不正当利益的若干规定》，明确了对党员干部在经济和社会交往中可能出现以权谋私等8种行为的处理办法；2009年颁布《国有企业领导人员廉洁从业若干规定》，明确提出严禁国有企业领导人员利用职权为本人或特定关系人谋取利益以及损害企业权益等行为。为规范领导干部廉洁从政行为，颁布了《关于对党和国家机关工作人员在国内交往中收受礼品实行登记制度的规定》，明确要求党和国家机关工作人员不得收受可能影响公正执行公务的礼品馈赠；制定了《关于领导干部报告个人有关事项的规定》，要求领导干部如实报告本人收入，本人及配偶、共同生活的子女房产、投资，以及配偶子女从业等情况；制定了《关于对配偶子女均已移居国（境）外的国家工作人员加强管理的暂行规定》。这些规定，对维护国家利益、依法依纪加强对党员和国家工作人员的管理，提高领导干部廉洁从政意识，具有重要作用。．．．．．．
Dear visitor,you are attempting to view a subscription-based section of lawinfochina.com. If you are already a subscriber, please login to enjoy access to our databases . If you are not a subscriber, please subscribe . Should you have any questions, please contact us at: +86 (10) 8268-9699 or +86 (10) 8266-8266 (ext. 153) Mobile: +86 133-1157-0713 Fax: +86 (10) 8266-8268 database@chinalawinfo.com		您好：您现在要进入的是北大法律英文网会员专区，如您是我们英文用户可直接登录，进入会员专区查询您所需要的信息；如您还不是我们的英文用户，请注册并交纳相应费用成为我们的英文会员。如有问题请来电咨询； Tel: +86 (10) 82689699, +86 (10) 82668266 ext. 153 Mobile: +86 13311570713 Fax: +86 (10) 82668268 E-mail: database@chinalawinfo.com

【法宝引证码】北大法宝www.lawinfochina.com

Message: Please kindly comment on the present translation.

Confirmation Code:

Click image to reset code!

Translations are by lawinfochina.com, and we retain exclusive copyright over content found on our website except for content we publish as authorized by respective copyright owners or content that is publicly available from government sources.

Due to differences in language, legal systems, and culture, English translations of Chinese law are for reference purposes only. Please use the official Chinese-language versions as the final authority. lawinfochina.com and its staff will not be directly or indirectly liable for use of materials found on this website.

We welcome your comments and suggestions, which assist us in continuing to improve the quality of our materials.