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中国反腐倡廉白皮书

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2010年中国反腐倡廉白皮书

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

Preface

I.Unswervingly Pushing forward the Undertaking of Combating Corruption and Building a Clean Government

II.Leadership System and Working Mechanism for Combating Corruption and Building a Clean Government

III.Legal Framework for Combating Corruption and Building a Clean Government

IV.Power Restraint and Supervisory System

V.Prevention of Corruption through System Reform and Institutional Innovation

VI.Handling Cases of Corruption in Accordance with Law and Discipline

VII.Education in Clean Government and Construction of the Culture of Integrity

VIII.International Exchanges and Cooperation in Combating Corruption

Conclusion

目 录

前 言

一、坚定不移地推进反腐败和廉政建设

二、反腐败和廉政建设领导体制与工作机制

三、反腐败和廉政建设法律法规制度体系

四、权力制约和监督体系

五、通过体制改革和制度创新防治腐败

六、依法依纪查处腐败案件

七、廉政教育和廉政文化建设

八、反腐败国际交流与合作

结束语

Preface

Corruption is a socio-historical phenomenon, an inveterate global ailment and an iue 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 addreing 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 fairne, 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 Suppreion 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 ma 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.

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。

In the late 1970s, China began to carry out the reform and opening-up policy.The reform and opening-up is a proce 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 proce 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.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。

In the 1990s, China started to establish the socialist market economic system.Facing rampant corruption arising in the proce 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 addreed, 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 busine 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 addreing of both symptoms and root causes of corruption, comprehensive treatment and gradual intensification of efforts to eliminate the root causes.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。

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 addreing both symptoms and root causes of corruption, enforcing comprehensive treatment, giving simultaneous strees 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, stre 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.

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。

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.

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。

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