论“不愿腐”规范体系的构建

On Building ‘Unwilling To Rot’ Regulation System

当下,我国腐败治理正面临从"不敢腐"、"不能腐"到"不愿腐"的深层推进。基于"不愿腐"作为自律和教育机制的生成困难,对其规制的制度构建不能诉求于狭隘的法律体系的范畴,而要寻求外延更为宽泛的软法体系和规范体系的向度。应以《反腐败法》的出台为契机来建立统帅"不愿腐"规范体系的制度框架,完善"不愿腐"的软法规范来构建"不愿腐"激励机制,以自由法和民间法的法律化、软法化来发挥道德习惯等对"不愿腐"观念生成的导向和规制作用这三个方面来探索构建我国"不愿腐"规范体系的进路。

At present, the corruption regulation of China is facing the deeper promotion from ＇dare not rot＇ and ＇can not rot＇ to ＇unwilling to rot＇. Since there are generation difficulties of ＇unwilling to rot＇ system which serves as the self-discipline and education mechanism, the related regulation system appeals to not only the narrow legal system but also the broader extension of soft law as well as regulation systems. Based on examining the text and sorting out problems of current existing rules concerning ＇unwilling to rot＇, three aspects should be considered to explore the building up path of ＇unwilling to rot＇ regulation system in China： introducing the enactment of the Anti-corruption Law to be the leading systematic framework, improving related soft law regulations as the incentive scheme, and turning the free law and folk law into laws or soft laws in order to exert the guidance and regulation functions of moral habits, which will promote the generation of ＇unwilling to rot＇ ideas.