China considers special action against corruption (people.com.cn) Updated: 2004-06-16 10:19
Five years have elapsed since the establishment of the subject research group
"Countermeasure research on punishment and prevention of corruption in China in
the new millennium", a plan of the national social sciences.
As jointly organized by the Organizing Committee and the Disciplinary
Committee of the Hunan Provincial Committee of the Communist Party of China the
subject research group has scored a series of breakthroughs in the research on
the specific features of all kinds of corruption at the present-day China and
countermoves to deal with them.
From the setting up of estate tax, gift tax and using "real name for bank
deposits" and making healthy the "application system of family assets to the
improvement and making healthy the relevant laws as regards how to prevent funds
from fleeing the country as well as the establishment of the special audit
system, what the subject group has been doing so far is all for providing a
"fundamental solution to the problem" of corruption.
And the issuance of "special decision" with the opening of a national account
number for surrendering ill-gotten gains at its core and the adoption of
relevant measures which have been practiced in curing the diseases rather than
symptoms, and to use in a combined way the policy and system forces to crack
down on and curb the proliferation of corruption are the results and merits that
the subject group has been doing and accumulating all these years, a wise
counsel worked ingeniously out by the group for dealing with corruptive cases.
It is called "anti-corruption special action".
To cancel or do away with all at once the "non-performed" accounts without
taking them into account which appeared ever since the reform and opening up is
neither practicable politically, legally nor is it workable in the minds of the
people. However, if we keep on using the existing pressed measures it's also
very difficult to solve the problem and score any good result as it has an
extensive area with many people to deal with.
And so it is necessary to come out from the routine and conventional way of
thinking and seek for some measures more practical and effective in the
anti-corruption campaign Therefore, the subject group puts forward a suggestion
that the NPC, the Central Disciplinary Commission of the CPC, the Supreme Court
and the Supreme Procuratorate and the Ministry of Supervision to take up a
"Special Action", namely "One, two, three project".
1. To open in public a national account number for surrendering ill-gotten
gains through which any bribe-takers may surrender their ill-got gains through
any state-owned commercial bank at or above county level without leaving their
names (or to do it by their relatives instead of them) and they only have to
fill in a triplicate "special fund hand-in form" such items as: the time of
hand-in, the amount and where they've got the money from, not necessary to fill
in anything concerning themselves.
2. To carry out two special decisions: One is that no matter how high or low
their ranks, big or small amount of the bribes taken, they will not be
questioned or punished with their treatment remaining unchanged if they
surrender fully their ill-gotten gains within the timeframe as set. The other is
if persons concerned refuse to surrender their ill-gotten gains in full within
the timeframe as scheduled they shall be subject to the deprivation of their
Party membership and being removed from their working post, i.e. to be handled
according to the maximum penalty if discovered violating the law.
3. To adopt three interrelated measures: One is that on the basis of using
real name for bank deposits it is to improve and perfect the application and
registration system of personal properties for the state functionaries. The
second is to raise their salary to make them incorruptible with their own pays.
And the third is to establish a healthy offense-reporting system with the
highest award to be at 50 percent of the returned ill-gotten gains.
As regards the "special action", the first is to quickly digest the
"non-performed accounts" incurred by the corruption, so as to save a great
number of cadres falling into trouble. The second is to gather in a great amount
of funds for national construction so as to bring up the economy; and the third
is to curb the outward proliferation of corruption. It is in this way to help
create important conditions for curing the disease inwardly. Many experts,
leading cadres and the masses of people give a high appreciation to the "Special
Action".
Some experts are of the opinion that the "Special Action" has made a
breakthrough in the former set mode of thinking, i.e. to punish seriously the
violators, and solved the "accumulated corruption cases" of many years with a
"quiet and stealthy revolution".
Dr Sun Changjun, associate dean of the Institute of Law of Hunan University
holds, in accordance of the existing laws and rules in China, to carry out the
"Anti-corruption Special Action" is still short of legal guarantee and there
exist some conflicts with the prevailing legal system. However, in a situation
in which the corruptive phenomena are getting rampant with each passing day,
which has greatly endangered the future of the Party and the state it is
necessary for the anti-corruption action to break away from the conventional
rules in order to solve the problem.
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