我国反腐败法律制度的完善——以《联合国反腐败公约》为鉴

The Improvement of Anti-corruption Legal System in China——Take the United Nations Convention against Corruption as Reference

惩治贪官是全球所有国家的共识,其主要依据是《联合国反腐败公约》,它是迄今为止第一个关于治理腐败犯罪的最完整、最全面而又具有广泛性、创新性的国际公约,并奠定了各国打击腐败犯罪的国际法基础。我国也已基本建立反腐败法律体系,以《联合国反腐败公约》为鉴,进一步完善我国的反腐败法律制度,一是要制定《反腐败法典》,建立健全统一规范的反腐败法律体系;二是强化预防腐败的制度,从源头上铲除产生腐败的土壤和条件;三是加大对腐败的打击力度,完善惩治腐败的刑事法律;四是坚持程序正义,加强反腐败的国际合作。

It is a global common view to punish corrupt officials. The United Nations Convention against Corruption is the main international legal reference for international anti-corruption, which is the most complete and the most comprehensive international convention on anti-corruption. With its universality and creativity, it lays the foun- dation of international anti-corruption law of each country. Anti-corruption legal system has also basically been es- tablished in China. Taking the United Nations Convention against Corruption as reference, several actions should be taken to improve the anti-corruption legal system. Firstly, an anti-corruption code should be framed to strengthen a sound and well-disciplined anti-corruption legal system. Secondly, the legislation mechanism of preventing corrup- tion should be improved to root out the hotbed of corruption. Thirdly, the crackdown against corruption should be stepped up and the penal laws on punishing corruption should be improved. Fourthly, the procedure justice should be upheld and the international cooperation on anti-corruption should be strengthened.