Libmonster ID: BY-2350

Keywords: China, corruption, legal system, legislation, death penalty, legal liability

P. V. TROSHCHINSKY

Candidate of Legal Sciences

Far East Institute of the Russian Academy of Sciences

Throughout the history of China, the fight against corruption has been one of the main tasks that the authorities have set for themselves, trying to improve the current model of government. The public's attitude towards corrupt officials has always been extremely negative.

The stories of the outstanding Chinese short story writer Pu Sun-ling (1622-1715) describe the tragic death of one of the officials who was punished by Heaven for bribery. The words that begin the story are characteristic: "A prominent official often acted shamelessly. His wife always warned him and admonished him, saying that retribution awaited him. But he did not believe it and did not want to listen to it at all ... " 1. During the construction of the Great Wall of China, in order to combat "waste", inscriptions were carved on the stones embedded in the wall with the names and ranks of officials responsible for construction work. "In cases where a collapse or damage to a wall was detected, the inspector quickly found those responsible for the relevant work area." 2

After the founding of the People's Republic of China (1949) and before the beginning of the reform and opening-up policy (December 1978), the level of corruption in Chinese society, as well as crime in general, was extremely low. During the reign of Mao Zedong, any violation of the socialist rule of law was punished extremely severely, and the repressive measures taken discouraged potential criminals from breaking the rules adopted in society. In addition, the centrally planned economy, the lack of freedom of entrepreneurship, and the rejection of the cult of profit among Chinese citizens all contributed to reducing the level of corruption to a level never seen in China's history. And this is despite the fact that the country did not have any anti-corruption legislation, special anti-corruption bodies. Moreover, during the period of the devastating "cultural revolution", Law and Order were declared bourgeois remnants, and the system of state bodies was almost completely destroyed.3 And with all this, the state has achieved amazing results in the fight against corruption.

For a long time, the PRC lived without any laws at all, and the regulation of public relations was based on the statements of senior figures of the ruling party. The first Criminal Code appeared only 30 years after the existence of the state (1979), until that time there were closed criminal instructions, access to which was only available to the investigator, prosecutor and judge. The official did not have the opportunity to "decompose", the "sword of Damocles" of severe and inescapable responsibility constantly hung over him. The very responsibility for corruption crimes was fixed not in a codified legal act, but in separate regulatory documents, which were often classified as secret. The fate of a public servant caught in corruption was extremely sad.

NEW CHALLENGES AND THREATS

The beginning of a large-scale policy of "reform and opening up", a radical turn in the development vector of the Chinese state towards the liberalization of commodity-money relations, the construction of a socialist market economy - all this led to a sharp increase in the level of crime in society, including corruption manifestations. According to Chinese criminologists, the peak of crime growth occurred in the 80s of the last century. "This peak in the number of crimes committed was achieved in a situation of further expansion and deepening of reforms and openness, accelerated development of the commodity economy, when complex and complex social contradictions were clearly manifested." 4

The "Guangxi" (relationship) that existed at the mental level, thanks to which the Chinese always preferred to solve emerging issues, became more active. The society was not ready to resist new challenges and threats, and the Chinese

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official - to resist the temptation of easy and quick profit. Over a short period of time, the Chinese authorities began to realize the danger of an increase in the number of "decomposed" employees of the state apparatus. In a hurry, the well-known Supplementary Regulation of the Standing Committee of the National People's Congress (NPC) "On the punishment of corruption and bribery" (21.01.1988)was adopted5. By this time, corruption scandals had already spread throughout the country, the image of the party and the government was seriously threatened, and over time, corruption began to take on an institutional character.

Characteristic in this context are the statements made by Chinese President Hu Jintao in November 2012 at the XVIII Congress of the CPC. The Chinese leader then stated: "The fight against corruption and ensuring political cleanliness is a clear political position that the party always adheres to, and an important political issue that attracts the attention of the people. An inadequate solution to this problem can cause deadly harm to the party and even ruin it and the country. We must constantly fight corruption, tirelessly demand integrity, and always sound the alarm against corruption and degeneration. " 6

In the report to the 15th Congress of the Communist Party of China in September 1997. Chinese President Jiang Zemin stated: "The fight against corruption is a serious political battle, the outcome of which depends on whether our party and state will survive or die."7

The current President of the People's Republic of China, leader of the fifth generation of Chinese leaders Xi Jinping highlights two main problems in the field of anti-corruption in modern China: "First, anti-corruption systems and mechanisms are imperfect, and the functions of structures are dispersed. This makes it impossible to combine efforts in ensuring control. Secondly, the investigation of some cases, for one reason or another, is difficult to complete. In some places, acts of corruption are constantly occurring, but they are poorly held accountable for it. And to solve the existing problems, we must again rely on our institutions. " 8

CORRUPTION-RELATED FACTORS IN CHINESE LEGISLATION

Corruption phenomena in China are based not only on historical and economic factors, but also on the mental foundations of the Chinese personality. Nor does the current legislation prevent the growth of corruption, which in some respects is extremely vague and unclassified. Soviet researchers of Chinese law paid special attention to this circumstance.9 A hundred years ago, a prominent Russian lawyer, V. V. Engelfend, who was in exile in China, wrote that Russian researchers of Chinese law often do not clearly understand its essence. The reason for this misunderstanding is that " ... the language of Chinese legislation is extremely vague... The provisions of the Constitution are also often very vague and full of ambiguities that make it possible to interpret them in different ways. " 10

The above feature of the Chinese legal norm is not at all related to the fact that for domestic researchers, hieroglyphic writing presents significant difficulties in translating the terms used by the Chinese legislator into Russian.

The bottom line is that deliberately vague formulations create comfortable conditions for the Chinese law enforcement officer to apply them, to interpret legal norms in the interests of the state. However, the other side of the" coin " is the possibility of using such norms by interested corrupt officials.

The Chinese legislator often uses the terms "timely", "may", "right", "if necessary", "truthfully", which is unacceptable from the point of view of the positivist approach to law. What does the term "timely" mean? Hour, day, week, month? And "maybe"? That is, in certain cases, at its own discretion and "can not"?

For example, Part 1 of Article 23 of the Anti-Money Laundering Law of the People's Republic of China 11 states: "The administrative body of the State Council responsible for combating money laundering, or its provincial subordinate bodies of the first stage, in case of detection of activities to conclude dubious transactions, if there is a need for inspections, may conduct: inspections of financial authorities". In the legal norm under consideration and in the text of the Law, there are no grounds indicating that "there is a need to conduct inspections" by the relevant administrative bodies of the State Council. This indicates that the need for an audit is determined at the subjective discretion of the authorized body.

There is a wide range of discretionary powers, due to the lack of grounds for making a decision to conduct inspections in relation to concluded dubious transactions carried out by individuals or organizations. In addition, the definition of competence using the formula " may conduct inspections "also indicates that the Chinese law enforcement agency may use the norm at its own subjective discretion.

In the same Article 23 (1), the Chinese legislature stipulates that financial authorities are required to "coordinate inspections and present the necessary documents and materials truthfully"when conducting anti-money laundering checks against them. In this case, it is obvious

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legal and linguistic ambiguity, i.e. the use of unclear, not well-established formulations, terms and concepts, which entails the establishment of vague requirements for organizations that provide relevant documents for inspection bodies.

In accordance with part 2 of Article 20, " financial authorities, when carrying out one-time transactions or multiple transactions within a specified period of time, if their amount exceeds the established amount, or when detecting questionable transactions, must promptly notify the information center for combating money laundering." Chinese law does not provide an interpretation of the term "timely", which may lead to negative consequences for individuals and organizations that, in the opinion of law enforcement and judicial authorities of the People's Republic of China, have violated the provisions set out in the law.

The above inaccurate wording, based on the example of the Law of the People's Republic of China "On Combating Money Laundering", is typical of many regulatory legal acts in force in the legal system of the People's Republic of China. In recent years, the Chinese legislature has taken measures to standardize the legal terms used, and has made efforts to change the current situation in the country's legal system12, "but who is still there". The Law of the People's Republic of China "On Combating Espionage" adopted on 01.11.2014 continues the tradition of vague wording characteristic of Chinese laws. Part 2 of Article 11, for example, states: "If there is a need to carry out work on countering espionage, state security agencies may, in accordance with the relevant state regulations, use vehicles, communication facilities, places and structures belonging to bodies, collectives, production units and individuals as a matter of priority or in accordance with the law; if necessary, they may create appropriate places for work and install equipment; after completing the task, you mustreturn or restore the original position in a timely manner, as well as pay appropriate compensation on the basis of the provisions; the damage caused is subject to mandatory compensation."

It should be noted that in the Russian Federation there is a method of anti-corruption expertise of normative legal acts and their drafts specially developed by the Decree of the Government of the Russian Federation of 26.02.2010 (No. 96) for identifying corruption-causing factors, which include: the breadth of discretionary powers, the definition of competence according to the formula "entitled", legal and linguistic uncertainty, etc. No law that has not passed an anti-corruption review can be adopted by the Russian Parliament. We hope that the domestic experience in the fight against corruption in the context of a clear formulation of the legal norm will also be useful to our Chinese partners. It is significant that the fundamental work of Russian anti-corruption scientists, who are the developers of the above methodology, has recently been translated into Chinese in the PRC 13. The Chinese legal community actively studies foreign experience in fighting corruption, for which various international conferences are held on a regular basis 14.

THE ROLE OF CORRUPTION IN STARTING REFORMS

In connection with the above, the position of the Russian researcher, D. Polit, deserves special attention.A. V. Vinogradov, who believes that at the initial stage of the development of the socialist market economy in China, corruption allegedly contributed to the country's economic growth. During this period, the official acted as a "one-stop shop", promptly resolving business difficulties in the absence of any clear administrative and legal mechanisms. The scientist states: "Corruption has two functions. The first one is generally recognized as negative and hinders economic development. The second, which is not usually mentioned, is socio-cultural-positive, sanctioning the entrepreneurial activity of the population and at the same time stabilizing the relations between government and business.

At the initial stage of reforms, the second function plays a major role, it makes up for the imperfection of the legal regime, introducing special mechanisms for monitoring the new sphere of life. The use of official position for personal purposes meant the emergence of a special form of mutually beneficial combination of personal and state interests. Without this combination, the individual's entrepreneurial initiative and market reforms would be impossible. Therefore, the goal of the fight against corruption at that stage was not to eradicate it, but to keep it within certain limits, because it was an organic part of increasing economic activity and creating a free economic space parallel to the planned system. A quick victory over it would mean the destruction of entrepreneurial initiative and a return to pre-reform times. " 15

However, as the state developed, corruption turned from a factor stimulating economic growth into a serious threat to the national security of the state. According to A.V. Vinogradov, " as long as corruption fulfilled its creative function, society perceived it as an inevitable evil and put up with it. But as the growth rate declined, the sense of social injustice increased in society. At the stage of the formation of a market economy, the protest was caused by entrepreneurs who were the first to start raising their living standards and wages.-

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Thus, social equality was achieved, and the officials who helped them in this.

Now the protest is caused, first of all, by state officials who violate the principles of social justice declared by the state. At the initial stage, the state created a market system with the help of officials, but now officials want to exploit it without the state. This is what the business wants. Thus, corruption has changed from a factor that stabilizes relations between the government and business to a factor that destabilizes relations between the government and society. " 16

RESPONSIBILITY FOR CORRUPTION

In modern China, the fight against corruption is given extremely serious attention. Officials holding the highest positions in the state are brought to justice for corruption crimes. The purge of the ranks is carried out "regardless of the faces", a corrupt official who has fallen into the millstones of the anti-corruption machine rarely comes out of it justified. President Xi Jinping stresses: "In a socialist state run by the Chinese Communist Party, when a corrupt official is found, it is necessary to investigate; if there is corruption, it is necessary to punish; if there is bribery, it is necessary to eradicate." 17

According to the current Criminal Code of the People's Republic of China, a person is subject to severe criminal liability for corruption crimes, up to the death penalty (Chapters 8 and 9 of the Special Part). Since February 2011, the Chinese legislature has been implementing a policy of liberalizing the institution of capital punishment, reducing the number of crimes that provide for it from 68 to 55 (by 19.1%). Currently, the next amendments to the Criminal Code of the People's Republic of China are being prepared for adoption, which, by their entry into force, will abolish the death penalty for 9 crimes. The total number of crimes involving the death penalty is planned to be reduced from 55 to 46. The death penalty is abolished mainly for economic crimes. However, as far as corruption is concerned, the legislator is firmly committed to preserving capital punishment for its commission. At the same time, death sentences for corruption cases are often imposed with the phrase "deferred execution for two years". Subsequently, the sentence is reclassified to life imprisonment, then to twenty years ' imprisonment.

Russian researcher of the Chinese state's fight against corruption L. N. Smirnova writes: "The maximum penalty in the form of the death penalty is set for two types of crimes: receiving a bribe and embezzlement of state property. Moreover, civil servants run the risk of being sentenced to death if they receive a bribe worth more than 100 thousand yuan (about half a million rubles) or commit embezzlement of public funds for the same amount. For other crimes, lighter penalties are provided in the form of various terms of imprisonment, confiscation of property, as well as administrative sanctions. In particular, the maximum penalty for abuse of official position for mercenary purposes under aggravating circumstances is 10 years in prison. " 18

As for the procedural side of the issue of bringing a corrupt official to justice, the country's authorities are less concerned about the legal status of a suspected (accused) person in the framework of a criminal case initiated on corruption crimes. The goal of the law enforcement system is not to ensure the procedural rights of the person brought to justice, but the inevitability and severity of the legal liability measures applied to him. This suggests, among other things, that the effectiveness of prosecuting and condemning corruption in the PRC may be to some extent due to the fact that, while giving priority to the goals of punishing criminals and eliminating corruption, this country pays less attention to criminal procedure guarantees.19 With the exception of some legal professionals, very few people in China care about protecting the rights of suspects, accused persons, or convicted persons.20

PRACTICAL EXAMPLES OF FIGHTING CORRUPTION

Here are some of the most well-known cases of corruption crimes in China, which clearly demonstrate the determination of the Chinese authorities to fight this state-destroying phenomenon, regardless of the high social status of the criminal.

The case of Bo Xilai, a well-known Chinese politician and member of the CCP's Politburo, was widely discussed. Leaving aside the political background of the initiated investigation, we note that the prosecution presented irrefutable evidence of the participation of a high-ranking official in major corruption cases, patronage of criminals, and money laundering. Bo Xilai was expelled from the CCP in September 2012, and from the National People's Congress in October. As a result, the criminal lost his parliamentary immunity, which gave him immunity from prosecution. 25.10.2013 The previously appealed sentence of life imprisonment was upheld, and Bo Xilai was sent to prison to carry out the effective sentence of the Jinan City Court. 21 The former CCP member was found guilty of accepting bribes worth 20.440.000 yuan; in addition to life imprisonment, he was sentenced to deprivation of political rights and confiscation of property.

Indicative is and

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the case of ex-Minister of Public Security Zhou Yongkang, who is recognized as the biggest corrupt official since the beginning of the reform and opening-up policy 22. A Chinese law enforcement officer seized his family's assets worth about 90 billion. RMB. Accounts worth 37 billion were frozen. RMB, shares and bonds worth $ 51 billion were seized. RMB, real estate assets worth 1.7 billion were confiscated. RMB 1 billion worth of antiques and art objects. RMB, as well as 60 vehicles. One of the most senior Chinese corrupt officials has been expelled from the CCP, removed from all posts, a criminal case has been opened, and the accused faces life imprisonment or capital punishment with a two-year suspended sentence.

One of the most sensational cases of corruption in recent times was the case of Deputy Chairman of the Supreme Court of the People's Republic of China Huang Sunyu. It was the first case in the history of the People's Republic of China to bring a judge of such a high level to criminal responsibility for bribery. By the decision of the People's Court of the highest level prov. Hebei on 17.03.2010, the criminal was sentenced to life imprisonment 23.

Within the framework of this study, it is impossible to tell about all the well-known and sensational cases related to bringing high-ranking Chinese corrupt officials to criminal responsibility. More detailed information is provided in the dissertation of Russian researcher A. V. Belyakov, who analyzed the evolution of the fight against corruption in the PRC from the beginning of the reform and openness policy to 200524 Mayors and provincial heads, high-ranking party leaders, presidents of large corporations and law enforcement officials are among the corrupt officials. Corruption is eating away at the Chinese judicial system, and individuals operating in various fields, including top managers of the Chinese Football Association, have been brought to criminal responsibility for its commission.25

ANTI- STATISTICS

According to official statistics, for the period from November 2007 to July 2012, anti-corruption bodies opened 643.7 thousand cases of corruption. 668.4 thousand people were punished in the party and administrative order, 24.5 thousand were brought to criminal responsibility. criminals. 81.4 thousand cases were initiated across China. criminal cases of bribery totaling $ 22.2 billion. RMB 26.

According to the Report of the Prosecutor General of the People's Republic of China Cao Jianmin to the NPC delegates (10.03.2014), 37.5 thousand criminal cases were initiated in 2013 and 51.3 thousand people were investigated on charges of official crimes related to bribery, abuse and corruption. Among the criminal cases, 2.5 thousand are cases involving amounts over 1 million yuan. Among the corrupt criminals, 2,871 people are persons holding the positions of county chiefs and above 27.

In total, over the past 2014, in relation to 1.5 thousand The party launched an investigation of officials on corruption charges, including 229 people at the level of counties and departments, 34 at the level of offices and departments. More than 500 corrupt officials disappeared outside the PRC. More than 1 billion rubles were spent abroad. RMB of criminal proceeds 28. The prosecutor's office accepted 41.4 thousand cases against 55.1 thousand corrupt officials, which was an increase of 7.4% compared to 2013. The number of cases involving corruption amounts exceeding 1 million yuan is 3,664, an increase of 42% compared to 2013. The number of corrupt officials at the county and higher levels was 4 thousand people, which is 40.7% higher than in 2013,29

FEATURES OF REGULATORY LEGAL REGULATION

As for the legal regulation of the Chinese state's fight against corruption, we note that the party and legislative bodies have adopted a number of documents that are very progressive in their content and are of considerable interest to the domestic science of comparative law. Across China, there are strict anti-corruption measures in place, including:

1) Control over the expenses of officials at all levels. According to the "Regulation on State Receptions in the Party and Administrative Bodies of the People's Republic of China" adopted on 08.12.2013, officials are required to seriously limit their expenses when visiting restaurants, hotels, and other public institutions. 31.12.2013 The Ministry of Finance of the People's Republic of China published "Rules for managing expenses for business trips of Party and state bodies". Article 7 of the regulatory document contains a table that clearly indicates the type of transport and ticket class for various categories of officials.

So, business class on the plane is provided only for an official with the rank of minister, all other civil servants are required to travel in economy class. The article makes a reservation, according to which, if there is an official need for a business trip of an official with the rank of minister in business class, he can be accompanied by another passenger at the state expense. Everyone else who wants to fly in business class must bear the costs at their own expense (Part 2 and Part 3 of Article 7). In the hotel, ministers can only stay in ordinary luxury rooms, all the rest of the guests will have to pay their own expenses.

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- in single or double standard rooms (Article 13).

In accordance with the "Rules for Managing expenses for training Party and State Bodies" adopted on December 29, 2013, the cost per person during the course organization period should not exceed 450 yuan, which includes: 180 yuan for accommodation, 100 yuan for food, 100 yuan for training, 60 yuan for educational materials, transportation, and other expenses (v. 9).

On November 21, 2013, the Central Commission for Discipline Inspection of the Communist Party of China issued a Notice prohibiting Chinese officials from using state and public money to purchase cigarettes,alcohol, firecrackers, food, etc. as gifts in honor of various holidays. 30 According to the Law of the People's Republic of China "On Tourism" (25.04.2013), an official's trip abroad cannot be of a tourist nature, but must be carried out exclusively for work purposes;

2) Strict application of the material support system for senior personnel. A ban on exceeding the established standards for the use of residential and business premises, office vehicles, the use of an excessive number of security guards and secretaries, up to regulating the cost, type and quantity of furniture required for the office of an official of various levels. Thus, according to the "Rules of Strict Economy and Combating Waste in Party and state Bodies" adopted by the CPC Central Committee on November 18, 2013, the party, people's representative assemblies, administrative institutions, judicial and law enforcement agencies, trade unions, youth organizations and other associations are required to observe extreme savings when using official cars, residential and non-residential premises, when organizing receptions meetings, business trips around the country and abroad;

3) Increasing the level of openness of legal proceedings, strengthening public control over decisions and sentences rendered by the People's courts of the PRC in civil, criminal and administrative cases. In the Resolution of the CPC Central Committee "On some important issues of comprehensive deepening of reforms "(dated 12.11.2013), it is noted:: "It is also necessary to promote the openness of the court and the openness of the work of prosecutors, keep records and keep relevant documentation for all stages of the trial. It is necessary to strengthen the credibility of legal documents, promote the effectiveness of open court verdicts, strictly regulate the procedure for reducing the term of imprisonment, conditional release and sick leave, strengthen the system of supervision in this area; widely introduce the system of people's jurors and people's supervisors, and master legal channels for public participation in the judicial process " 31. Openness of proceedings undoubtedly contributes to to eliminate corruption in the judicial apparatus of the PRC.

On January 1, 2014, the Supreme People's Court of the People's Republic of China adopted the "Rules for Publicizing decisions of People's Courts on the Internet", according to which all sentences, decisions and decisions are subject to mandatory posting on the People's Court's website on the Internet. In addition, from anywhere in China and around the world, you can follow the proceedings in court online.32 Such publicity undoubtedly contributes to reducing the level of corruption in the judicial apparatus, whose decisions are public in nature. At the same time, the document stipulates that in cases involving state secrets, private life of citizens, crimes committed by minors, when using mediation procedures and in other cases, the publication of court decisions on the Internet is not allowed (Article 4).

The Supreme People's Court of the People's Republic of China is tasked with creating a system of exit courts. In the major Chinese cities of Shenzhen and Shenyang, they are already working on important administrative and civil cases. In addition to relieving the central office of the Supreme Court from the huge flow of current work, field courts are more independent and are able to make decisions in the region without taking into account the opinion of the local party and state elite.;

4) The institution of criminal liability of legal entities in Chinese law occupies a special place in the system of legal measures to combat corruption 33. Previously borrowed from the law of the Soviet Union, the criminal liability of organizations is widely used in China for corruption crimes. The norms establishing criminal liability of organizations formed the basis for the Additional Resolution of the Supreme People's Commissariat of National Economy "On Punishment for Corruption and Bribery" and the Additional Resolution of the Supreme People's Commissariat of National Economy "On Punishment for Smuggling"adopted in 1988. The current Criminal Code of the People's Republic of China provides for criminal liability of legal entities (organizations) for a number of crimes (Article 30 and Article 31). Criminal liability of organizations is implemented in two forms: a company, an enterprise, an institution, a body, and a collective are punished with a fine, and those directly responsible for management and responsible persons are subject to criminal penalties.34

In modern Russia, many prominent experts advocate the restoration of the institution in question in the Criminal Code of the Russian Federation 35. It is no coincidence that in March of this year, a bill on its restoration in the legislation of the Russian Federation was officially submitted to the State Duma. Special attention is paid to the need to establish criminal liability of legal entities (organizations) for corruption crimes. The authoritative Russian scientist A. V. Fedorov recognizes its expediency

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"...for example, in relation to corruption offenses of legal entities, providing for them both administrative and criminal liability, in particular for bribery of foreign officials, as well as bribery on a particularly large scale " 36;

5) An important Law of the People's Republic of China "On Combating Bribery and Corruption" is being prepared for adoption in 2015. Its draft has already been approved by the NPC Legislative Committee. The central issues of the legal document are: "the system of mandatory declaration of property of a civil servant and his relatives", "the system of authenticity of the name of the owner of financial resources" and "the system of removal from office of a civil servant". Of interest are the provisions that establish different degrees of criminal punishment depending on the amount of a bribe received by a person:

1) from 1 thousand to 5 thousand yuan-a fine from 1 thousand to 10 thousand yuan or imprisonment for up to six months;

2) from 5 thousand to 50 thousand yuan - a prison sentence of six months to 5 years;

3) from 50 thousand to 100 thousand yuan - a prison sentence of 5 to 10 years;

4) from 10 thousand to 200 thousand yuan - imprisonment for a term of 10 years to life imprisonment, confiscation of property;

5) from 200 thousand to 500 thousand yuan - life imprisonment or death penalty, confiscation of property;

6) from 500 thousand yuan - the death penalty with confiscation of property.

The issue of adopting a single law in this area has been discussed for a long time. However, as the Russian scholar V. V. Sevalnev testifies: "The main reasons for the lack of a single legislative act on combating corruption in the legal order of the PRC, in our opinion, can be attributed to the extreme complexity of developing such a regulatory legal act in relation to the legal space of the PRC. In particular, there are a number of technological problems in regulatory regulation: first, the PRC jurisdiction does not have a clear-cut system for declaring the income of officials, and different departments apply their own rules; second, there is no single approach to determining the maximum monetary value of gifts to officials; and, third, this is the problem of combining positions and responsibilities. the presence of so-called "second" jobs for a large number of civil servants, which also makes it difficult to apply uniform rules and standards in the field of anti-corruption 37. It seems that these contradictions have been successfully overcome, and soon a new important act of law-making will appear in the Chinese legal system.

On December 26, 2013, China officially announced the "Work Plan for Building and improving the punitive and Anti-corruption system for 2013-2017" .38 According to its provisions, the fight against corruption should include not only strengthening measures of legal responsibility, bringing perpetrators to deserved punishment, but also increasing the level of rejection of corruption in the country. development of scientific measures to prevent corruption phenomena in the state. All this shows the important attention that the Chinese leadership pays to the course of eliminating corruption in Chinese society, without which it is impossible to achieve success in the ongoing large-scale transformations.

In addition, the country's authorities have embarked on a comprehensive administrative reform, which involves simplifying existing licensing procedures, eliminating bureaucracy and clumsiness of the administrative apparatus. It provides for reducing the number of discretionary powers, eliminating duplication of administrative functions, and reducing employees of state bodies.39 The abolition of some ministries and the creation of new structures, according to the Chinese government, will inevitably lead to a break in the already established corruption ties. One of the main goals of the administrative reform is the fight against corruption.

The above allows us to draw several important conclusions:

1. To date, the PRC has established an effective anti-corruption system that provides for severe legal liability for violations of legal regulations in this area, including the use of capital punishment, deprivation of political rights, and confiscation of property.

Despite this, corruption continues to exist in Chinese society, which is caused by various historical and socio-cultural factors. The law enforcement experience of the Chinese state in the field of anti-corruption shows that it is impossible to completely eliminate it in the current conditions, but the possibility of curbing it is confirmed. The Chinese legislator, in his legislative activity, is guided by the well-known stratagem "hitting the grass to scare the snake"40, which assumes the severity of punishment in order to intimidate potential criminals, influence individuals in order to prevent them from committing criminal acts of a corrupt nature. The Chinese authorities are unlikely to abandon the use of the death penalty in relation to particularly large corrupt officials, because the entire Chinese society supports its use;

2. China's experience in the field of anti-corruption regulatory framework.-

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It is of considerable scientific and practical interest for Russian comparative science and domestic Sinology. In the legal system of the People's Republic of China, there is a fairly progressive legislation for a modern state, detailing various issues of anti-corruption activities of a Chinese law enforcement officer. Of particular interest are the provisions on criminal liability of legal entities (organizations) for committing corruption crimes, the existence of the institution of confiscation of property, life imprisonment for corruption. At the same time, the death penalty as a type of criminal punishment applied in China to corrupt officials does not seem entirely justified. The presence in the acts of law-making of various terms of double interpretation, vague and unclear wording indicates serious shortcomings in the system of anti-corruption measures;

3. The political will of the country's top leadership is aimed at uncompromising struggle against the disintegration of the state apparatus. The inevitability of responsibility, its severity and support from society are the key to achieving success in the field under study. High-profile corruption cases show the determination of the Chinese authorities to overcome this evil that destroys statehood.

* * *

Along with the recognition of the success achieved by the PRC in the fight against corruption, the Western press regularly publishes information about the existence of serious corruption phenomena at the very top of the Chinese establishment. Nevertheless, it is quite obvious that China's experience in the field of anti-corruption is highly appreciated and requires a comprehensive study by the Russian scientific community.


Pu Sun-ling (Liao-Zhai). 1 Official's salary. In: Stories about Extraordinary People. Translated from Chinese by Academician V. M. Alekseev. Editorial board and Afterword by N. T. Fedorenko, Doctor of Philology, Moscow, State Publishing House of Fiction, 1954, p. 50.

2 Monthly magazine "China". 2013. N 2. P. 43.

3. Gudoshnikov L. M. 3 Arbitrariness and violence - the basis of the Maoist policy / / Problems of the Far East. 1974. N 3. pp. 64-70.

4 Fanzuixue jiaocheng (Criminology Course). /Ed. Shang Xiaoping and Yang Xuefeng / Beijing, 2008. p. 123.

Akhmetshin Kh. M., Akhmetshin N. Kh., Petukhov A. A. 5 Sovremennoe ugolovnoe zakonodatelstvo PRC [Modern criminal legislation of the People's Republic of China].

6 Hu Jintao's speech at the opening of the 18th CPC National Congress. XVIII Congress of the Communist Party of China (November 8-14, 2012). Express-informatsiya, No. 7. Moscow, IDV RAS, 2012. pp. 100-101.

7 http://cpc.people.com.cn/GB/64162/64168/64568/65445/4526290.html (accessed on 15.04.2015).

8 Comprehensive deepening of reforms. Xi Jinping. A collection of statements prepared by the Center for the Study of Party Documents under the CPC Central Committee. The translation was made by the Translation Agency under the CPC Central Committee. Beijing, Publishing House of Literature in Foreign Languages, 2014, pp. 138-139.

Criminal Code of the People's Republic of China. Lecture, Moscow, Military Red Banner Institute, 1981, p. 14.

Engelfeld V. V. 10 Essays on the State law of China. Volume II. Proceedings of the Faculty of Law, Harbin, 1925, pp. 8, 120.

11 For the Russian translation of the Law of the People's Republic of China "On Combating Money Laundering", see: Legislation of the People's Republic of China. Express-informatsiya, No. 4, Moscow, IDV RAS, 2010, pp. 11-30.

12 Language Situation in China: 2006. Chapter 3. Use of language in the legal sphere. - In the collection: China: Social harmony as a guarantee of success of reforms. Express-informatsiya, No. 5, Moscow, IDV RAS, 2009, p. 11.

13 Fubai: xingzhi, biaoxian yu indui / (Elos) Habulieva zhubian; Li Tejun deng I. Beijing: Falui chubanshe, 2014 (Corruption: Nature, Manifestation, Counteraction: Monograph / ed. by T. Y. Khabriev; Translated by Li Tejun et al. Beijing, Law Publishing House), September 2014 (480 pages).

Tsirin A.M., Sevalnev V. V. 14 Upravlenie na osnove verkhovestvennogo prava v Kitae [Management based on the rule of law in China]. 2015. N 2. P. 164.

Vinogradov A.V. 15 Power, business and corruption in China. Problems of the Far East. 2014, N 1. P. 90.

Vinogradov A.V. 16 Decree. op. P. 94.

17 http://fanfu.people.com.cn/n/2015/0106/с64371-26335456.html (accessed on 15.04.2015).

Smirnova L. N. 18 Personal punishments for corruption and return of stolen assets: legislation and practice of the PRC // Bulletin of Tver State University. Series: "Economics and Management". 2013. N 3. P. 22.

Smirnova L. N. 19 Osobennosti ugolovnogo protsessa v korruptsionnykh delakh v PRC [Features of the criminal process in corruption cases in the PRC]. XXI vek. 2014. N 2. p. 68.

20 Ibid.

21 Renmin huabao. 2014. N 1. P. 22.

22 People's Daily. 30.07.2014.

23 http://baike.baidu.com/view/268191.htm (accessed on 15.04.2015).

24 Fighting corruption and organized crime in the PRC during the period of reforms and openness 1978-2005 Diss. ... Candidate of Historical Sciences, Moscow, 2006, 308 p.

Troshchinsky P. V. 25 Osnovnye napravleniya borby s prestupnosti v sovremennom Kitae [The main directions of fighting crime in modern China]. 2011. N 2. pp. 102-103.

26 Hu Jintao's report at the opening of the XVIII CPC Congress ... p. 161.

27 http://www.npc.gov.en/npc/dbdhhy/12_2/2014-03/18/content1856655.htm (accessed: 15.04.2015).

28 People's Daily. 08.01.2015.

29 Ibid. 13.03.2015.

30 Jinji daily. 22.11.2013.

31 Documents of the Third Plenum of the Central Committee of the Communist Party of China of the 18th convocation. Beijing, Publishing House of Literature in Foreign Languages, 2013, pp. 57-58.

32 http://ts.chinacourt.org/xingshi.html (accessed: 15.04.2015).

33. Fedorov A.V. 33 Ugolovnaya otvetstvennost ' yuridicheskikh litsov za korruptsionnye prestupnosti v Kitayskoy Narodnoi Respublike [Criminal liability of legal entities for corruption crimes in the People's Republic of China]. 2014. N 4. pp. 92-102.

Troshchinsky P. V. 34 Yuridicheskaya otvetstvennost ' v prave Kitayskoy Narodnoy Respubliki [Legal responsibility in the Law of the People's Republic of China]. Moscow, IDV RAS, 2011, pp. 109-114.

Fedorov, A. V. 35 the Introduction of criminal liability of legal persons - forecast the development trend of the Russian criminal-legal policy // Journal of foreign legislation and comparative law. 2014. N 3. pp. 429-433.

36 Fedorov A.V. Criminal liability of legal entities for corruption crimes / / Journal of Russian Law. 2015. N 1. P. 60.

37 Sevalnev V. V. Protivoprotivie korruptsii: opyt PRC [Counteraction to corruption: the experience of the People's Republic of China]. 2014. N 1. P. 91.

38 Jinji daily. 26.12.2013.

Troshchinsky P. V. 39 Administrativnaya reforma v PRC: politiko-pravovye aspekty [Administrative Reform in the PRC: Political and Legal Aspects]. 2014. N 12. pp. 1264-1270.

Harro von Sanger. 40 Stratagems. About the Chinese art of living and surviving. The famous 36 stratagems over three millennia. /Under the general editorship of V. S. Myasnikov / M., 1995. p. 190.


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