The Incorporation of UNCAC into Domestic Legal Systems in Taiwan and Mainland China：A Comparative Study

• Main Author: 陳忠政
• Other Authors: 邱坤玄
• Format: Others
• Language: zh-TW
• Online Access: http://ndltd.ncl.edu.tw/handle/7qpt37

碩士 === 國立政治大學 === 外交學系戰略與國際事務碩士在職專班 === 105 === Corruption is a social problem that has existed for a long time in the world. Regardless of any country, time or political system, corruption can not be avoided as long as the power exists or the supervision of power is imperfect. Corruption will not only shake the country, undermine democracy and the rule of law and social and economic order, but also distort the values of people, and even endanger the national security and survival. The cross-strait regime, whether it is the system of communist centralization of the party and the government, or the implementation of the democratic pluralistic open system, are also facing the threat and challenge of corruption. In recent years, due to frequent exchanges between the two sides, defendants of many domestic social corruption cases have often fled to Mainland China. Owing to the similarity of culture, and the same language, the close geographical location, fighting against corruption of both sides has become inextricably linked. On October 31, 2003, the 58th session of the United Nations General Assembly voted to pass the United Nations Convention against Corruption and entered into force on 14 December 2005 as the first international anti-corruption law. The signing of this Convention is not only for nations combating corruption and providing strong support for anti-corruption, as well as laying the legal foundation for international cooperation against corruption. This Convention was enacted by the People's Republic of China on December 9, 2015. The CPC passed the Convention at the 18th session of the Standing Committee of the Tenth National People's Congress; but the relevant provisions of the anti-corruption laws and regulations in comparison with the requirements of the Convention, there is still a large gap. In order to fight against corruption, the governments of both sides should refer to this Convention and improve the anti-corruption laws and regulations. However, anti-corruption is a project without end. Whether Taiwan or the Mainland China, there are many shortcomings to exist. There is much room to adjust, improve and implement the legalization to complete the supporting anti-corruption legal system. This paper is based on the relevant provisions of this Convention as a reference, by comparing Taiwan and Mainland China’s anti-corruption laws and regulations related to the relevant norms of this Convention, put forward to improve the measures. This paper is divided into six chapters, summarizing the contents, characteristics and related mechanisms of this Convention, and elaborating the current situation of cross-strait anti-corruption laws and comparing the differences between them and the Convention, including corruption, anti-corruption and anti-corruption legal provisions and anti-corruption international cooperation and other aspects, specifically elaborate on how to improve Taiwan and Mainland China anti-corruption legal system, with a view to achieving the international standards of anti-corruption laws and regulations, we should adapt ourselves to the developing trend of anti-corruption internationalization, and create a clean and transparent government.