中国的反腐败和廉政建设
China’s Efforts to Combat Corruption and Build a Clean Government

中华人民共和国国务院新闻办公室

Information Office of the State Council, the People’s Republic of China

2010年12月29日，北京

December 2010, Beijing

目　录

Contents

前　言

Preface

一、坚定不移地推进反腐败和廉政建设

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

二、反腐败和廉政建设领导体制与工作机制

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

三、反腐败和廉政建设法律法规制度体系

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

四、权力制约和监督体系

IV. Power Restraint and Supervisory System

五、通过体制改革和制度创新防治腐败

V. Prevention of Corruption through System Reform and Institutional Innovation

六、依法依纪查处腐败案件

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

七、廉政教育和廉政文化建设

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

八、反腐败国际交流与合作

VIII. International Exchanges and Cooperation in Combating Corruption

结束语

Conclusion

前　言

Preface

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。微博@高斋翻硕 公众号:高斋翻译学堂

Corruption is a socio-historical phenomenon, an inveterate global ailment and an issue 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.

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。

The CPC and the Chinese government have been resolutely combating corruption and building a clean government since the founding of the People’ 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 com-bating corruption and building a clean government, China adheres to the principle of addressing 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 pre-vent 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 con-forms to China’s national conditions and displays Chinese characteristics has taken shape.

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。微博@高斋翻硕 公众号:高斋翻译学堂

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.

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。

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.

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。

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.

一、 坚定不移地推进反腐败和廉政建设

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

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。微博@高斋翻硕 公众号:高斋翻译学堂

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 fairness, 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.

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。

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 Suppression 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 mass 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.

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 late 1970s, China began to carry out the reform and opening-up policy. The reform and opening-up is a process 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 process 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。微博@高斋翻硕 公众号:高斋翻译学堂

In the 1990s, China started to establish the socialist market economic system. Facing rampant corruption arising in the process 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 addressed, with education as the basis, laws as the guarantee and supervision as the key, and the soil that breeds corruption should be continuously re-moved 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 any-one in the army, public security forces or procuratorial, judicial or public security organs to engage in business 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 addressing of both symptoms and root causes of corruption, comprehensive treatment and gradual intensification of efforts to eliminate the root causes.

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。微博@高斋翻硕 公众号:高斋翻译学堂

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 addressing both symptoms and root causes of corruption, enforcing comprehensive treatment, giving simultaneous stresses 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, stress 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 over-all 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 com-munities, 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.

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。

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.

二、反腐败和廉政建设领导体制与工作机制

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

中国的反腐败和廉政建设领导体制与工作机制，是由中国的国体和政体决定的。在反腐败和廉政建设实践中，中国探索形成了党委统一领导、党政齐抓共管、纪委组织协调、部门各负其责、依靠群众支持和参与的具有中国特色的反腐败领导体制和工作机制。微博@高斋翻硕 公众号:高斋翻译学堂

China’s leadership system and working mechanism for combating corruption and building a clean government is determined by the systems of the state and government. In the practice of combating corruption and building a clean government over the years, China has put into place a leadership system and a working mechanism with Chinese characteristics, in which Party commit-tees take unified leadership of the work, the Party and government both administer it, discipline inspection commissions of the Party organize and coordinate it, different departments take their due responsibilities related to it, and the masses support and participate in the endeavor.

中国共产党是执政党，中国的反腐败和廉政建设在中国共产党领导下进行。中国共产党坚持科学执政、民主执政、依法执政，在宪法和法律的范围内活动。

The CPC is the ruling party of China, and thus the effort to combat corruption and build a clean government is under the leadership of the CPC. The Party rules the country in a scientific and democratic manner, and in accordance with the law, and conducts its activities within the framework of the Constitution and laws.

中国共产党在革命、建设、改革的历史进程中，始终高度自觉地把反腐败和廉政建设摆在十分重要的位置。特别是改革开放以来，中共中央制定了一系列反腐败和廉政建设工作战略、方针和政策。自1993年以来，中共中央每年通过中央纪委全会向全党全国部署反腐倡廉工作。国务院每年都召开廉政工作会议，对政府系统的反腐败和廉政建设作出部署。中共中央、国务院还先后颁布和修订了《关于实行党风廉政建设责任制的规定》，明确要求各级领导班子和领导干部按照“谁主管、谁负责”的原则，在抓好业务工作的同时，抓好职责范围内的反腐败和廉政建设，对违反规定的，进行责任追究。全国各地区各部门按照中央要求，把反腐败和廉政建设纳入经济社会发展总体规划、寓于各项改革和重要政策措施之中，同改革发展工作一起部署、一起落实、一起检查、一起考核，保证了反腐败和廉政建设扎实有效地向前推进。

Throughout the history of revolution, construction and reform, the Party has always conscientiously made the work of combating corruption and building a clean government a priority task. Particularly since the reform and opening-up policies were introduced, the CPC Central Committee has formulated a series of strategies, principles and policies related to the work. Since 1993 the CPC Central Committee has been making arrangements for the work of combating corruption and building a clean government in the whole Party and country at annual plenary sessions of its Central Commission for Discipline Inspection. The State Council holds a working conference on building a clean government every year to make arrangements in the government system. The CPC Central Committee and the State Council have issued and revised the Pro-visions on the Responsibility System for Improving the Party’s Style of Work and Upholding Integrity, specifying that leading groups and cadres at different levels should do a good job of combating corruption and building a clean government within their scope of duty in line with the principle of “taking responsibility for what he/she takes charge of” and that whoever violates the Provisions should be held accountable. To meet the requirements of the CPC Central Committee, local Party committees and governments incorporate the work of combating corruption and building a clean government into the overall plans of economic and social development, and into various reforms and policies, and arrange, carry out, examine and evaluate it together with the work of reform and development, thus ensuring that the work of combating corruption and building a clean government moves on steadily and effectively.

人民群众的支持和参与是反腐败和廉政建设取得成功的重要基础。各社会团体、新闻媒体和广大人民群众，在建言献策、参与监督、揭露腐败等方面发挥着重要作用。

Public support and participation is an important foundation for the success of combating corruption and building a clean government. Social organizations, news media and the broad masses of the people play a significant role in making suggestions and offering advices, participating in supervision, and uncovering corruption.

在中国，反腐败和廉政建设的职能机构，主要有中国共产党纪律检查机关、国家司法机关、政府监察机关和审计机关以及国家预防腐败局。微博@高斋翻硕 公众号:高斋翻译学堂

In China, the major functional bodies for combating corruption and building a clean government are the Party’s organs for discipline inspection, judicial organs of the state, supervisory and auditing organs of the government, and the National Bureau of Corruption Prevention of China.

中国共产党的各级纪律检查委员会是依据《中国共产党章程》设立的党内监督的专门机关，由同级党的代表大会选举产生，是开展反腐败和廉政建设的重要机构。其主要任务是：维护党的章程和其他党内法规，检查党的路线、方针、政策和决议的执行情况，协助党的委员会加强党风建设和组织协调反腐败工作；其经常性工作是：对党员进行遵守纪律的教育，对党员领导干部行使权力进行监督，查处违犯党纪的案件，受理党员的控告和申诉，保障党员的权利。党的中央纪律检查委员会在党的中央委员会领导下进行工作。地方各级纪律检查委员会和基层纪律检查委员会在同级党的委员会和上级纪律检查委员会双重领导下进行工作。

The Party’s commissions for discipline inspection at all levels are special organs for intra-Party oversight set up in accordance with the Constitution of the Communist Party of China, and their members are elected by the Party congresses at the corresponding levels. As major organs for combating corruption and building a clean government, these commissions undertake the following major tasks: Upholding the Constitution and other statutes of the Party; inspecting the implementation of the lines, principles, policies and resolutions of the Party; and assisting the respective Party committees to improve the Party’s style of work, and in organizing and coordinating the work against corruption. Their routine work includes providing education for Party members on their duty to observe Party discipline; overseeing the exercise of power by Party members holding leading positions; examining and dealing with cases in violation of Party discipline; dealing with complaints and appeals made by Party members; and guaranteeing the rights of Party members. The Party’s Central Commission for Discipline Inspection functions under the leadership of the Central Committee of the Party. The Party’s local commissions for discipline inspection at all levels and primary commissions for discipline inspection function under the dual leadership of the Party committees at the corresponding levels and the commissions for discipline inspection at the next higher level.

人民法院和人民检察院是依据中国宪法设立的司法机关，分别依法独立行使审判权和检察权，不受行政机关、社会团体和个人的干涉。人民法院是国家的审判机关，依法承担包括贪污贿赂渎职等腐败犯罪在内的各类刑事案件的审判工作，及时、公正地对检察机关提起公诉的贪污贿赂渎职等案件作出判决，依法惩治腐败犯罪。人民检察院是国家的法律监督机关，担负着依法追究刑事犯罪、侦查国家工作人员贪污贿赂和渎职侵权等职务犯罪、预防职务犯罪、代表国家向人民法院提起公诉等职能。最高人民法院、最高人民检察院还通过司法解释等方式，对贪污贿赂渎职等腐败案件的审判、检察工作进行指导。人民检察院、人民法院对侦查、审判案件过程中发现引发职务犯罪的重要问题，及时向有关部门和单位提出检察建议和司法建议。微博@高斋翻硕 公众号:高斋翻译学堂

The people’s courts and people’s procuratorates are both judicial organs of the state set up in accordance with the Constitution of the People’s Republic of China. The former exercise judicial power independently, while the latter exercise procuratorial power independently, neither being subject to interference by administrative organs, public organizations or individuals. As judicial organs of the state, the people’s courts try in accordance with the law all criminal cases, including cases of embezzlement, bribery and dereliction of duty considered to involve corruption, make timely and fair court decisions on cases of embezzlement, bribery and dereliction of duty that the procuratorial organs initiate public prosecution, and punish crimes of corruption in accordance with the law. As state organs for legal supervision, the people’s procuratorates pursue liabilities of criminal acts, investigate state functionaries suspected of embezzlement and bribery, dereliction of duty, encroachment of right and other duty-related crimes, prevent duty-related crimes, and submit public prosecutions to people’s courts on behalf of the state in accordance with the law. The Supreme People’s Court and the Supreme People’s Procuratorate also direct the trial and procuratorial work of corruption cases by means of judicial interpretations. The people’s procuratorates and the people’s courts offer timely procuratorial and judicial suggestions respectively to departments and organs concerned on major issues relating to duty-related crimes arising in the course of investigation and trial of cases.

政府监察机关是依据中国宪法设立的行使监察职能的机关，依法对国家行政机关及其公务员和国家行政机关任命的其他人员，对法律、法规授权的具有公共事务管理职能的组织及其从事公务的人员，对国家行政机关依法委托从事公共事务管理活动的组织及其从事公务的人员执法、廉政、效能情况进行监察。

Supervisory organs of the government are set up in accordance with the Constitution of the People’s Republic of China to exercise the power of supervision. They supervise over law enforcement by and integrity and efficiency of state administrative organs, their staff members and other personnel appointed by these organs, organizations empowered by laws or regulations to administer public affairs and their personnel engaged in public service, and organizations entrusted by state administrative organs in accordance with the law to administer public affairs and their personnel.

审计机关是依据中国宪法设立的审计监督机构，依法对国务院各部门和地方各级人民政府及其各部门的财政收支、国有金融机构和国有企业事业单位的财务收支等进行审计监督。中国还建立了经济责任审计制度，对国家机关和依法属于审计对象的其他单位主要负责人进行审计监督。微博@高斋翻硕 公众号:高斋翻译学堂

Auditing organs are supervisory organs through auditing set up in accordance with the Constitution of the People’s Republic of China. They supervise through auditing in accordance with the law the revenues and expenditures of all departments under the State Council and of local governments at all levels, and those of the state financial and monetary organizations and of state-owned enterprises and public institutions. China has also put into place a system of economic accountability auditing to supervise major leaders of state organs and other organs to be audited in accordance with the law.

国家预防腐败局是中国政府为统筹预防腐败工作而专门设置的机构。其主要职责是：负责全国预防腐败工作的组织协调、综合规划、政策制定、检查指导，协调指导企业、事业单位、社会团体、中介机构和其他社会组织的防治腐败工作，负责预防腐败的国际合作和技术援助。

The National Bureau of Corruption Prevention of China is an organ that the Chinese government has specially set up to take overall responsibility for the work of corruption prevention. Its major responsibilities are to organize and coordinate the national work of corruption prevention, make overall plans in this regard, formulate relevant policies, examine and direct the work, coordinate and direct the work of corruption prevention in enterprises, public institutions, social groups, intermediate agencies and other social organizations, and take charge of international cooperation and technical assistance in this regard.

公安、金融等其他有关部门和机构，也在自身职责范围内依法承担反腐败和廉政建设的相关工作。微博@高斋翻硕 公众号:高斋翻译学堂

Public security organs, financial institutions and other relevant departments and organizations also undertake the work of combating corruption and building a clean government within the scope of their duties and in accordance with the law.

上述具有不同职能的机构，在反腐倡廉各项工作中既相对独立、各司其职，又相互协调、密切配合。中国共产党的纪律检查机关在掌握党员违纪线索之后，经调查认定为违犯党纪的，对其作出相应的党纪处分；对其中涉嫌犯罪的，移送司法机关处理。政府监察机关对于违反政纪的监察对象，作出相应政纪处分；涉嫌犯罪的，移送司法机关处理。公安、审计、行政执法机关在履行职责过程中发现有违法违纪行为的，根据具体情况分别移送司法机关或党的纪律检查机关、政府监察机关处理。人民法院、人民检察院在履行职责过程中发现犯罪嫌疑人涉嫌违犯党纪或政纪的，将有关证据材料移送党的纪律检查机关或政府监察机关处理。

In the work of combating corruption and building a clean government, the above organizations with different functions are independent in performing their duties and, at the same time, co-ordinate and collaborate with one another. The Party’s commissions for discipline inspection take disciplinary measures against Party members who violate Party discipline, after making investigations and collecting evidence. For those suspected of crimes, the commissions transfer them to judicial organs. Supervisory organs of the state administer punishment to those violating government discipline, and transfer those suspected of having committed crimes to judicial organs. Public security organs, auditing organs and administrative law-enforcement organs transfer those who violate laws or Party or government discipline to judicial organs, the Party’s commissions for discipline inspection, or the supervisory organs of the state, depending on the specific circumstances. The people’s courts and people’s procuratorates transfer to the Party’s commissions for discipline inspection or the supervisory organs of the state evidence and materials related to violation of Party or government discipline found in their work.

中国从事反腐败工作的机构承担着开展反腐败和廉政建设、维护社会公平正义的重大责任。近年来，这些机构采取一系列措施，对执法执纪干部队伍严格要求、严格教育、严格管理、严格监督，切实加强自身建设。通过加强内部管理和制度建设，完善制约监督机制，督促执法执纪人员秉公用权、严格自律；通过推行权力公开透明运行、廉政监督员等制度，督促执法执纪人员牢固树立接受监督意识、自觉接受各方面监督，不断提高执法执纪能力和水平，为中国的反腐败和廉政建设提供组织保证。

These organs in China shoulder such important responsibilities as combating corruption and building a clean government, and safeguarding social fairness and justice. In recent years, these organs have taken strict measures to improve the requirement standards, education, management and supervision of personnel for law and discipline enforcement. To be specific, by strengthening internal management and enactment of rules, the mechanism of restraint and supervision has been improved, and personnel for law and discipline enforcement have been urged to use their power impartially and be strict with themselves. By promoting the principle of transparency in power exercise and the system of supervisors for building a clean government, the personnel for law and discipline enforcement have been encouraged to foster the sense of conscientious acceptance of supervision from all quarters, so as to constantly improve their capabilities and levels in law and discipline enforcement, thus providing the organizational guarantee for China’s endeavor to combat corruption and build a clean government.

三、反腐败和廉政建设法律法规制度体系

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

中国坚持依法治国基本方略，重视发挥法律法规制度的规范和保障作用，不断推进反腐败和廉政建设法制化、规范化。以中国宪法为依据，制定了一系列反腐倡廉法律法规；以中国共产党章程为依据，制定了一系列中国共产党党内制度规定，逐步形成内容科学、程序严密、配套完备、有效管用的反腐败和廉政建设法律法规制度体系。

China adheres to the rule of law as a fundamental principle, attaches importance to the regulating and safeguarding role of laws and regulations, and continuously promotes legalization and standardization in the fight against corruption and the building of a clean government. Based on the Constitution of China, a series of laws and regulations have been enacted for combating corruption and building a clean government, and based on the Constitution of the CPC, a series of intra-Party rules and regulations have been worked out, thus gradually establishing a legal framework for combating corruption and building a clean government with scientific contents, rigorous procedures, well-matched regulations and effective administration.

为规范领导干部廉洁从政行为，中国共产党制定了一系列党员领导干部廉洁从政的行为准则和道德规范，建立健全防止利益冲突制度。1997年开始试行、2010年修订实施的《中国共产党党员领导干部廉洁从政若干准则》，明确提出严禁党员领导干部违反规定私自从事营利性活动、利用职权和职务上的影响谋取不正当利益等，比较全面地规范了社会主义市场经济条件下党员领导干部的廉洁从政行为，成为规范党员领导干部从政行为的基础性党内法规。针对权钱交易案件中出现的新情况新问题，2007年颁布《中共中央纪委关于严格禁止利用职务上的便利谋取不正当利益的若干规定》，明确了对党员干部在经济和社会交往中可能出现以权谋私等8种行为的处理办法；2009年颁布《国有企业领导人员廉洁从业若干规定》，明确提出严禁国有企业领导人员利用职权为本人或特定关系人谋取利益以及损害企业权益等行为。为规范领导干部廉洁从政行为，颁布了《关于对党和国家机关工作人员在国内交往中收受礼品实行登记制度的规定》，明确要求党和国家机关工作人员不得收受可能影响公正执行公务的礼品馈赠；制定了《关于领导干部报告个人有关事项的规定》，要求领导干部如实报告本人收入，本人及配偶、共同生活的子女房产、投资，以及配偶子女从业等情况；制定了《关于对配偶子女均已移居国（境）外的国家工作人员加强管理的暂行规定》。这些规定，对维护国家利益、依法依纪加强对党员和国家工作人员的管理，提高领导干部廉洁从政意识，具有重要作用。微博@高斋翻硕 公众号:高斋翻译学堂

In order to ensure that leading cadres work in a clean and honest way, the CPC has issued a series of codes of conduct and ethical rules for Party members who hold leading positions, and is building and improving a system to prevent conflicts of interest. The Guidelines of the Communist Party of China for Party-member Leading Cadres to Perform Official Duties with Integrity, released for trial implementation in 1997 and for implementation after revision in 2010, clearly prohibit Party-member leading cadres engaging in profit-making activities and seeking illegitimate gains by taking advantage of their positions and power in violation of the established rules. The Guidelines have provided relatively comprehensive regulations on Party-member leading cadres in per-forming their official duties with integrity under the conditions of the socialist market economy, and have thus become the basic intra-Party rules regulating the behavior of Party-member leading cadres. In view of the new situation and problems arising in power-for-money cases, the CPC promulgated the Regulations of the Central Commission for Discipline Inspection of the Communist Party of China on the Strict Prohibition of Seeking Illegitimate Gains by Misuse of Office in 2007, specifying methods of handling eight types of misconduct of Party-member cadres, including abuse of power for personal gain, which might appear during economic and social interactions. The Regulations on the Executives of State-owned Enterprises for Performing Management Duties with Integrity (Trial) released in 2009 clearly prohibit leading officials of state-owned enterprises to seek profit through misuse of office for either themselves or any related parties, undermine the interests of the enterprises. To regulate leading cadres’ performance of official duties with integrity, a number of regulations have been promulgated, including the Regulations on Implementing the System of Registration for Gifts Received in Domestic Social Activities by Functionaries of Party and State Organs, which clearly demand that the functionaries of Party and state organs must not accept any gifts or grants that might influence their impartial performance of official duties; the Regulations on Leading Cadres’ Report of Relevant Personal Matters, which requires leading cadres to honestly report their incomes, housing and investment owned or made either by themselves or together with their spouses and children living with them, as well as the employment status of their spouses and children; and the Interim Regulations on Strengthening Management of State Functionaries Whose Spouses and Children Have Emi-grated Abroad. These regulations play an important role in safe-guarding the national interests and in the management of Party members and state functionaries in accordance with the law, as well as in enhancing the sense of leading cadres in performing their official duties with integrity.

为确保公共权力的正确行使，中国制定了一系列法律法规制度，以加强对领导干部行使权力的制约和监督。2007年施行的《中华人民共和国各级人民代表大会常务委员会监督法》，以法律形式对各级人民代表大会常务委员会加强对同级人民政府、人民法院和人民检察院行政权、审判权、检察权的监督作出规定。还制定了《中华人民共和国行政监察法》、《中华人民共和国审计法》、《中华人民共和国行政复议法》、《中华人民共和国行政诉讼法》等法律，建立了行政监察、审计监督、行政复议和行政诉讼制度，加强对行政机关及其工作人员的监督。中共中央制定《中国共产党党内监督条例（试行）》及《中国共产党巡视工作条例（试行）》、《关于对党员领导干部进行诫勉谈话和函询的暂行办法》、《关于党员领导干部述职述廉的暂行规定》等一系列规定，对党内监督的各项具体工作进行规范和完善。

To ensure the proper exercise of public power, China has en-acted a series of laws and regulations to strengthen restraint and supervision over the exercise of power by leading cadres. The Law of the People’s Republic of China on the Supervision of Standing Committees of People’s Congresses at All Levels enacted in 2007 strengthened the supervisory role of those committees in the form of law over the administrative, judicial and procuratorial powers of the people’s governments, people’s courts and people’s procuratorates at corresponding levels. Also enacted are the Law of the People’s Republic of China on Administrative Supervision, Audit Law of the People’s Republic of China, Administrative Reconsideration Law of the People’s Republic of China, Administrative Procedure Law of the People’s Republic of China to establish the systems of administrative supervision, audit supervision, administrative re-consideration and administrative procedure to strengthen supervision over the administrative organs and their staff. The CPC Central Committee formulated the Regulations of the Communist Party of China on Intra-Party Supervision (Trial), Regulations of the Communist Party of China on Inspection Work (Trial), Interim Measures on Conducting Admonition Talks and Written Inquiries with Party-member Leading Cadres, and Interim Regulations on Report by Party-member Leading Cadres on Their Work and Integrity, institutionalizing and improving various aspects of intra-Party supervision.

　　为依法依纪惩治腐败，中国制定并不断完善包括刑事处罚、党纪处分和政纪处分在内的惩处违法违纪行为的实体性法律法规。在刑事处罚方面，通过制定和修订《中华人民共和国刑法》，规定了贪污罪、受贿罪、行贿罪、失职渎职罪、巨额财产来源不明罪等腐败犯罪的刑事责任，最高人民法院、最高人民检察院发布了相关司法解释，使之成为惩治腐败犯罪的重要法律依据。在党纪处分方面，中国共产党颁布《中国共产党纪律处分条例》及其配套规定，具体规定党员违反廉洁自律规定行为、贪污贿赂行为、违反财经纪律行为等违犯党纪行为及其量纪标准，明确警告、严重警告、撤销党内职务、留党察看和开除党籍5种党纪处分。在政纪处分方面，国家颁布《行政机关公务员处分条例》，具体规定政纪处分原则、权限以及各类违纪行为及其量纪标准，明确警告、记过、记大过、降级、撤职、开除6种政纪处分。

To crack down on corruption in line with law and discipline, China have been enacting and continuously improving substantive laws and regulations that punish violations of law and discipline, including criminal punishment, Party discipline and administrative discipline. In the case of criminal punishment, by formulating and revising the Criminal Law of the People’s Republic of China, the liabilities of corruption-related crimes, such as embezzlement, bribery, dereliction of duty, holding a huge amount of property with an unidentified source, have been defined. The Supreme People’s Court and the Supreme People’s Procuratorate have worked out relevant judicial interpretations for the law, making them an important legal basis for punishing crimes of corruption. In the case of Party discipline, the CPC promulgated the Regulations on Disciplinary Sanctions of the Communist Party of China and sup-porting provisions, which clearly define conducts of Party members that go against the Party’s stipulations for clean government and self-discipline, embezzlement and bribery, as well as acts in violation of financial and economic discipline, and prescribe five measures for enforcing Party discipline: explicit warning, stern warning, removal from post within the Party, probation within the Party and expulsion from the Party. In the case of administrative discipline, the state has promulgated the Regulations on the Punishment of Civil Servants in Administrative Organs, which specify the principles, power limit, the types of misconduct and the punishment standards, including explicit warning, recording of demerit, recording of major demerit, demotion, dismissal from post and discharge from office.

为保证以上实体性法律法规的执行，中国注重程序性法律法规建设。国家立法机关、司法机关和有关部门制定了《中华人民共和国刑事诉讼法》、《人民检察院刑事诉讼规则》、《监察机关调查处理政纪案件办法》等法律法规，中国共产党颁布《中国共产党纪律检查机关案件检查工作条例》等规定，对违法案件和违纪案件的受理、调查、审理和申诉工作予以规范，并建立证人和举报人保护制度、案件移送和协调配合制度以及被告人和受处分人权利保障制度。微博@高斋翻硕 公众号:高斋翻译学堂

China attaches great importance to enacting and improving procedural laws to guarantee the enforcement of the aforementioned substantive laws and regulations. The Criminal Procedure Law of the People’s Republic of China, Criminal Procedure of the People’s Procuratorates and Measures of Supervisory Organs for the Investigation and Handling of Administrative Disciplinary Cases by the state legislature, judicial authorities and relevant organs, as well as the regulations enacted by the CPC, including the Regulations of the Communist Party of China on Inspection Work of Disciplinary Inspection Organs, provide a legal basis for the acceptance, investigation, trial and appeal work in respect of criminal and discipline-breaching cases, and have established systems of witness and reporter protection, case transfer and coordination, as well as the system of the protection of the rights of the defendants and those being sanctioned.

中国还制定了一批与预防腐败密切相关的法律法规。制定《中华人民共和国行政许可法》，规范行政许可的设定和实施，保障和监督行政机关有效实施行政管理。制定《中华人民共和国公务员法》，规范公务员的管理，加强对公务员的监督，促进勤政廉政。制定《中华人民共和国政府采购法》、《中华人民共和国反垄断法》、《中华人民共和国招标投标法》，规范行政自由裁量权，发挥市场在资源配置中的基础性作用，有效防止腐败行为的发生。制定《中华人民共和国法官法》、《中华人民共和国检察官法》、《中华人民共和国人民警察法》，明确规定司法工作人员的任职条件、管理方式和监督措施，强化了廉洁司法的要求。中国各地区各部门也依据宪法和国家法律，制定了与反腐败相关的地方性法规、地方政府规章和部门规章，完善了中国的反腐败和廉政建设法律法规制度体系。

In addition, China has enacted a series of laws and regulations closely related to corruption prevention. The Administrative Li-cense Law of the People’s Republic of China regulates the establishment and implementation of administrative licenses, and guarantees and supervises the effective administration of administrative organs. The Civil Servant Law of the People’s Republic of China regulates the management of civil servants and strengthens supervision over civil servants, so as to make them diligent and honest in performing their official duties. The Government Procurement Law of the People’s Republic of China, Anti-monopoly Law of the People’s Republic of China and Bidding Law of the People’s Republic of China regulate administrative discretion and give play to the market’s fundamental role in allocation of re-sources so as to effectively prevent corruption. The Judges Law of the People’s Republic of China, Procurators Law of the People’s Republic of China and People’s Police Law of the People’s Republic of China clearly stipulate the qualifications, administration and supervision of judicial officers, and fortify the requirement of law enforcement with integrity. In accordance with the Constitution and state laws, the various localities and departments have also enacted and issued their own local and departmental regulations to combat corruption, thereby improving the legal framework for combating corruption and building a clean government in China.

中国今后将更加注重法律法规制度的贯彻实施，并根据形势发展的需要继续制定新的、修订原有的反腐败和廉政建设法律法规制度，使之不断发展和完善。微博@高斋翻硕 公众号:高斋翻译学堂

To further develop and improve the legal framework for combating corruption and building a clean government, China will attach greater importance to the implementation of laws and regulations, while enacting new laws and regulations and amending existing ones in this regard in accordance with the changing situations in the future.

四、权力制约和监督体系

IV. Power Restraint and Supervisory System

中国按照结构合理、配置科学、程序严密、制约有效的原则，逐步建立健全决策权、执行权、监督权既相互制约又相互协调的权力结构和运行机制，推进权力运行程序化和公开透明，加强对权力的制约和监督。目前，已形成了由中国共产党党内监督、人大监督、政府内部监督、政协民主监督、司法监督、公民监督和舆论监督组成的具有中国特色的监督体系。各监督主体既相对独立，又密切配合，形成了整体合力。

On the principles of reasonable structure, scientific distribution, rigorous procedures and effective restraint, China is gradually establishing a sound power structure and enforcement mechanism featuring both restraint and coordination among decision-making power, executive power and supervisory power to promote procedural power exercise featuring transparency and strengthen restraint and supervision of power exercise. Now, a supervisory system with Chinese characteristics has been established, com-posed of intra-Party supervision in the CPC, supervision by the National People’s Congress and the local people’s congresses (NPCs), supervision within the governments, and democratic supervision by the Chinese People’s Political Consultative Conference National Committee and local people’s political consultative conferences (CPPCCs), judicial supervision, supervision by the general public and supervision by public opinion. These relatively independent supervision mechanisms collaborate closely with one another to form an integrated force.

中国共产党党内监督是党的各级组织和广大党员依据党章和其他党内法规以及国家法律，重点对党的各级领导机关和领导干部特别是各级领导班子主要负责人进行的监督。中国共产党不断探索加强党内监督的措施和办法，进一步完善集体领导和分工负责、重要情况通报和报告、民主生活会、询问和质询等党内监督10项制度。中共中央和省级党委都建立巡视机构，对下级党组织领导班子及其成员贯彻执行党的路线方针政策和决议、决定，执行党风廉政建设责任制和自身廉政勤政等情况进行巡视监督。党的纪律检查机关对派驻机构实行统一管理，加强对驻在部门领导班子特别是主要领导干部的监督。大力发展党内民主，为加强党内监督创造有利条件。健全和完善党的代表大会制度，发挥党的委员会全体会议对重大问题的决策作用，推行和完善党委常委会向全委会定期报告工作并接受监督制度。改革和完善党内选举制度，规定差额推荐和差额选举的范围和比例，逐步扩大基层党组织领导班子成员直接选举范围。颁布实施《中国共产党党员权利保障条例》，明确党员行使权利的程序和参与党内监督的各项权利。微博@高斋翻硕 公众号:高斋翻译学堂

The intra-Party supervision of the CPC refers to supervision over leading organs of the CPC at all levels and leading cadres, especially principal leaders of leading bodies at all levels, by the CPC organizations at all levels and all Party members in accordance with the Party Constitution and other intra-Party regulations, as well as state laws. The CPC has been unremittingly exploring new measures and methods to enhance intra-Party supervision, and has further improved the 10 systems of intra-Party supervision, including those of collective leadership with individual responsibility in line with division of work, notification and report on important matters, democratic meetings of leading Party organizations, as well as question and inquiry. The Central Committee of the CPC and Party committees at the provincial level have all established inspection bodies to inspect and supervise leading organs of the subordinate Party organizations and their members with respect to the implementation of the Party’s line, principles, policies, resolutions and decisions, as well as the implementation of the responsibility system in improving the Party’s style of work, upholding integrity and combating corruption and their own efforts in being honest and diligent in performing their official duties. The CPC discipline inspection organizations provide unified leadership to their dispatched units to various organizations to strengthen super-vision over the principal cadres of leading bodies of these organizations. Great efforts have been made to develop intra-Party democracy to create advantageous conditions for strengthening intra-Party supervision. Efforts have been made to improve the system of Party congresses so as to bring into better play the role of plenary sessions of the Party committees in making decisions on important matters, and implement and improve the system of the standing committees reporting their work to the plenary sessions of the Party committees regularly and receiving their supervision. Efforts have been made to reform and improve the intra-Party electoral system, define the scope and proportion of competitive recommendation of candidates and competitive election, and gradually expand the scope of direct election for members of leading bodies of grass-roots Party organizations. The Regulations of the Communist Party of China on Protecting the Rights of Party Members has been promulgated for implementation, and it has specified the procedure for Party members to exercise their rights as well as their rights to participate in the intra-Party supervision.

人大监督是国家权力机关代表国家和人民对国家行政机关、司法机关和国家法律实施情况进行的监督。中国宪法规定，国家的一切权力属于人民。人民代表大会是人民行使国家权力的机关，国家行政机关、审判机关、检察机关都由它产生，对它负责，受它监督。人民代表大会行使法律赋予的各种监督职权，通过询问、质询、执法检查、听取和审议有关部门工作报告以及预算审查等手段，加强对政府、法院、检察院及其工作人员的监督，促进依法行政、公正司法，预防和制止各种腐败现象。

Supervision by the NPCs at all levels refers to supervision over state administrative organs and judicial organs as well as the enforcement of laws by state power organs on behalf of the state and people. The Constitution stipulates that all power in the People’s Republic of China belongs to the people. The National People’s Congress and the local people’s congresses at various levels are the organs through which the people exercise state power. All administrative, judicial and procuratorial organs of the state are created by the people’s congresses to which they are responsible and by which they are supervised. The people’s congresses exercise various functions and powers of supervision conferred by law, and enhance supervision over the governments, courts and procuratorates as well as their staff by means of question, inquiry, law-enforcement inspection, hearing and review of working re-ports and budget examination to promote administration according to the law and judicial justice, and prevent and curb all corrupt phenomena.

政府内部监督包括层级监督和监察、审计等专门机关的监督。各级政府、政府各部门的上级对下级、政府对部门、行政首长对工作人员的行政行为进行层级监督。监察机关全面履行法定职责，开展执法监察、廉政监察和效能监察，依法对监察对象行使职权、履行职责、勤政廉政等情况实施监督。审计机关依法对政府的预算执行情况和决算以及其他财政财务收支情况进行监督。这些监督形式对于规范行政执法、促进依法行政、建设法治政府，发挥了重要作用。微博@高斋翻硕 公众号:高斋翻译学堂

Internal supervision of governments refers to hierarchical supervision and supervision by specific inspection and audit organs. The hierarchical supervision means supervision by governments and governmental departments at higher levels over those at lower levels, by governments over their various departments and by chief executives over their subordinates. The supervisory organs perform in full their statutory functions and responsibilities, conduct inspections on law enforcement, clean government and government efficiency, conduct supervision over the supervised bodies in their exercise of functions and powers, performance of duties as well as diligent and honest governance in accordance with the law. Auditing organs, in accordance with the law, exercise supervision over the implementation of budgets, final accounts and other fiscal in-comes and payouts of the government. These forms of supervision play an important role in regulating administrative law enforcement, promoting administration in accordance with law and building a government under the rule of law.

政协民主监督是具有中国特色的监督形式。中国人民政治协商会议是中国共产党领导的多党合作和政治协商的重要机构。人民政协主要通过召开会议、提交提案、组织委员视察、开展民主评议等形式，对宪法和法律法规的实施、重大方针政策的贯彻执行、国家机关和国家工作人员履行职责和遵纪守法等方面的情况进行监督。中国共产党各级委员会和中国各级人民政府在作出重大决策、出台重要规定前，都要征求同级人民政协和各民主党派的意见和建议。

Supervision by the CPPCCs at all levels is a form of supervision featuring Chinese characteristics. The CPPCC is an important organ of multi-party cooperation and political consultation under the leadership of the CPC. The CPPCCs conduct supervision over the implementation of the Constitution, state laws and regulations, important principles and policies, and performance of duties and observation of law and discipline by state organs and state functionaries by means of convening meetings, submitting motions, organizing CPPCC committee members on inspection tours and holding democratic appraisals. Party committees of the CPC and people’s governments at all levels all solicit opinions and suggestions from the CPPCCs at corresponding levels and other democratic parties before making crucial decisions and enacting important regulations.

司法监督包括人民法院的监督和人民检察院的监督。人民法院的监督是指上级法院对下级法院、最高人民法院对全国法院审判工作是否合法、公正的监督。人民法院还通过审理行政案件，对政府具体行政行为的合法性进行审查。人民检察院的监督，包括依法对诉讼活动的法律监督和对国家工作人员职务犯罪行为的监督。人民检察院通过对立案、侦查、审判、刑罚执行和监管活动的监督，实施对诉讼活动全过程的监督；通过查办贪污贿赂、渎职侵权等职务犯罪案件，对国家工作人员职务行为进行监督。微博@高斋翻硕 公众号:高斋翻译学堂

Judicial supervision includes supervision by people’s courts and people’s procuratorates. Supervision by people’s courts refers to supervision over the legality and fairness of the trials of people’s courts conducted by the higher-level people’s courts on lower-level people’s courts and by the Supreme People’s Court on all people’s courts across the country. People’s courts also monitor the legality of specific administrative actions of the governments by way of reviewing administrative cases. Supervision by people’s procuratorates refers to legal supervision over litigation activities and misconduct of state functionaries. People’s procuratorates exercise full-scale supervision over litigation activities in the case registration, investigation, trial, execution of penalties and management of inmates, and exercise supervision over state functionaries by way of investigating such duty-related crimes as embezzlement, bribery, dereliction of duty and infringement of others’ rights.

公民对国家机关和国家工作人员提出批评、建议、申诉、控告或者检举，是宪法赋予公民的监督权利。在中国，公民通过检举、控告参与反腐败的渠道是畅通的。中国政府设有专门的信访机构，受理公民提出的检举控告和意见建议。中国共产党各级纪律检查机关、国家检察机关、政府监察机关和审计机关等都建立了举报制度，开通了举报电话，设立了举报网站，受理公民的检举和控告。对受理的举报线索，相关部门依法依纪进行调查或转送有关部门处理。在鼓励公民举报腐败案件的同时，国家重视维护举报人的合法权益。中国的刑法、刑事诉讼法、行政监察法等法律法规和中国共产党党内法规都对保护举报人作了明确规定，对举报人的有关情况予以保密，严禁泄露举报人身份或者将举报材料、举报人情况透露给被举报单位、被举报人，对打击报复举报人的行为进行惩处。

The Constitution endows citizens with the rights to criticize, advise, appeal, lodge lawsuit against or impeach state organs and state functionaries. In China, the channel is unimpeded for citizens to be involved in the combat against corruption by means of impeaching and lodging lawsuit. The governments at all levels in China have set up special organs to handle letters and calls of com-plaints as well as opinions, suggestions and accusations from the people. Discipline inspection organs of the CPC at all levels, state procuratorial organs, government supervisory organs and audit organs have all established the offence reporting system, opened up offence reporting hotlines and set up offence reporting websites to take reports of misconduct and complaints from the people. The relevant departments, according to laws and discipline, investigate or transfer the clues of reported cases to departments concerned. The state attaches great importance to protecting the legitimate rights and interests of the informants while encouraging people to report on cases of corruption. Clear stipulations on protecting in-formants are provided in the Criminal Law, Criminal Procedure Law, Administrative Supervisory Law and intra-Party regulations of the CPC, ruling that the information about the informants must be kept confidential; disclosure of an informant’s identification is strictly banned; and punishment will be meted to anyone who disclose an informant’s identification and conditions and/or the re-porting materials provided by the informant to the reported department or person, and anyone who retaliates on the informant.

中国重视发挥舆论监督的作用。依法保护报刊、电视、广播等新闻媒体的采访权和舆论监督权，支持新闻媒体披露各种不正之风和党政机关及其工作人员中的违法违纪问题。政府有关部门高度关注新闻媒体反映的问题，积极回应社会关切，及时提出解决办法，改进工作。近年来，随着互联网的快速发展和广泛普及，网络监督日益成为一种反应快、影响大、参与面广的新兴舆论监督方式。中国高度重视互联网在加强监督方面的积极作用，切实加强反腐倡廉舆情网络信息收集、研判和处置工作，完善举报网站法规制度建设，健全举报网站受理机制及线索运用和反馈制度，为公民利用网络行使监督权利提供便捷畅通的渠道。与此同时，加强舆论监督的管理、引导和规范，维护舆论监督的正常秩序，使舆论监督在法制轨道上运行。微博@高斋翻硕 公众号:高斋翻译学堂

China lays great store by supervision from public opinion. The right to interview and right to supervise through public opinion of news media, including newspapers, television and radio, are protected by law. News media are encouraged to expose unhealthy tendencies of all kinds and violations of law and discipline by Party and government organs as well as their functionaries. The government departments pay great attention to problems reported in the media, actively respond to social concerns and work out solutions in time to improve their work. In recent years, with the rapid development and popularity of the Internet, supervision through the Internet has become a new form of supervision by public opinion that spreads quickly, produces great influence and features a wider range of participation. China highly values the positive role played by the Internet in enhancing supervision, conscientiously strengthens the collection, research, judgment and management of information regarding combating corruption and advocating integrity from the Internet. It is making efforts to enact laws and regulations on report websites and improve the acceptance mechanism and clue application and feedback system of the report websites in order to offer a convenient and unimpeded channel for the public to exercise their right of supervision through the Internet. Meanwhile, efforts are being made to strengthen the management, guidance and standardization of supervision by public opinion so as to ensure that supervision by public opinion operates along the orbit prescribed by the law.

阳光是最好的防腐剂，公开是对权力最好的监督。从20世纪80年代开始，中国政府积极推行政务公开、厂务公开、村务公开和公共企事业单位办事公开等制度。颁布《中华人民共和国政府信息公开条例》等重要法规文件，规定按照公开是原则、不公开是例外的要求，及时、准确地公开除涉及国家秘密、商业秘密和个人隐私以外的政府信息，依法保障公民的知情权、参与权、表达权和监督权。中央和国家机关、各省（自治区、直辖市）普遍建立了新闻发布和新闻发言人制度，绝大多数县级以上政府建立了政府网站。国家司法机关推进审判公开、检务公开、警务公开、狱务公开等司法公开制度，为加强对司法活动的监督提供了有力保证。中国共产党积极推进党务公开，发布实施《关于党的基层组织实行党务公开的意见》，健全党内情况通报制度，及时公布党内事务特别是党组织重大决策、干部选拔任用、党员领导干部执行廉洁自律规定等情况，拓宽党员了解党内事务和表达个人意见的渠道。

As sunshine is the best antiseptic, transparency represents the best supervision of power. Since the 1980s, the Chinese government has proactively implemented the systems of making public government affairs, factory affairs, village affairs, as well as management of public enterprises and institutions. The Regulations of the People’s Republic of China on Making Public Government In-formation and some other important statutory documents have been promulgated. The Regulations stipulate that government information, other than that related to state secrets, business secrets and personal privacy, should be made public in a timely and accurate manner, with the requirement of making public as the principle and holding back as the exception, to guarantee the people’s right to know, participate, express and supervise. The party and state organs and governments of the provinces (including autonomous regions and municipalities directly under the central government) have all established the news release system and spokes-men/spokeswomen system. Most governments above the county level have established government websites. The state judicial organs have established the system of open administration of judicial affairs to ensure openness of court, procuratorial, police and prison affairs, supplying a firm guarantee for strengthening supervision over judicial activities. The CPC actively makes Party affairs pub-lic through promulgating and implementing the Opinions on Making Party Affairs Public at Grass-roots Organizations, improving the Party affairs, promptly announcing Party affairs, such as important decisions made by Party committees, selection and appointment of Party cadres and the implementation of stipulations on combating corruption and self-discipline measures by leading cadres who are Party members, thus expanding the channel for Party members to be informed of intra-Party affairs and express their individual opinions.

五、通过体制改革和制度创新防治腐败

V. Prevention of Corruption through System Reform and Institutional Innovation

改革开放特别是进入21世纪以来，中国坚持用发展的思路和改革的办法预防和治理腐败。针对容易滋生腐败的重点领域和关键环节，大力推进体制改革和制度创新，建立适合时代发展要求的新体制新机制，努力从源头上防治腐败。

Since the reform and opening-up drive was launched in 1978, especially since the beginning of the 21st century, China has adhered to the principle of controlling and combating corruption by way of development and reform. In view of the major fields and key links likely to breed corruption, vigorous efforts have been made to promote institutional reform and innovation, to establish new institutions and mechanisms that accord with the demands of the times and strive to prevent and control corruption at the very source.

深化行政审批制度改革。中国政府全面推行行政审批制度改革，加快推进政企分开、政资分开、政事分开、政府与市场中介组织分开，促进政府转变职能。在全面清理审核的基础上，国家对行政审批事项进行了大幅度削减和调整。2001年推行行政审批制度改革以来，国务院各部门共取消和调整行政审批项目2000多项，地方各级政府取消和调整77000多项，占原有项目总数的一半以上。对于保留的行政审批项目，通过广泛设立行政服务中心公开审批，建立行政审批电子监察系统及时监控，完善行政审批责任追究制度和信息反馈机制，提高工作效率，减少权力寻租的机会。微博@高斋翻硕 公众号:高斋翻译学堂

Deepening the reform in the system of administrative examination and approval. The Chinese government has been going all out to push forward reform in the system of administrative examination and approval, and speed up the separation of the functions of government from those of enterprises, state asset management authorities, public institutions and market-based intermediaries to accelerate the transformation of the functions of the government. On the basis of comprehensively sorting out matters requiring administrative examination and approval, the state has sharply reduced or adjusted such matters. Since the reform of the administrative examination and approval system was launched in 2001, various departments of the State Council have cancelled and adjusted over 2,000 items requiring administrative examination and approval, and the local governments cancelled and adjusted in total over 77,000 items which used to come under this heading. The two numbers of items added up to over half of the former total of such items. As for the rest of the items, administrative service centers have been extensively set up to openly examine and approve them, an electronic monitoring system has been established to promptly monitor such examination and approval, and an accountability sys-tem and an information feedback mechanism have been established to enhance work efficiency and reduce the possibility of rent-seeking act of power.

推进干部人事制度改革。中国坚持民主、公开、竞争、择优，建立健全科学的干部选拔任用和管理监督机制，提高选人用人公信度，从源头上防治用人腐败。中国共产党先后发布《深化干部人事制度改革纲要》、《党政领导干部选拔任用工作条例》、《党政领导干部选拔任用工作监督检查办法（试行）》、《党政领导干部选拔任用工作责任追究办法（试行）》等，对干部人事制度改革进行全面规划，对干部选拔任用的基本原则、标准、程序、方法等作出严密规定，对干部选拔任用工作加强监督。坚持德才兼备、以德为先的用人标准，全面推行民主推荐、民主测评、民意调查、考察预告、任前公示，以及干部交流、任职回避等制度，大力推进公开选拔和竞争上岗，推行和完善地方党委任用重要干部票决制。微博@高斋翻硕 公众号:高斋翻译学堂

Promoting the reform of the cadre and personnel system. China adheres to the principles of democracy, openness, competition and merit in establishing a scientific mechanism for selecting and appointing cadres as well as a management and monitoring mechanism in this regard, aiming at increasing public trust in its selection and appointment of cadres, and preventing and combating corruption at the very source in appointing cadres. By issuing in succession the Guidelines for Deepening Reform of the Cadre and Personnel System, Regulations on the Work of Selecting and Appointing Leading Party and Government Cadres, Supervisory Measures for the Selection and Appointment of Leading Party and Government Cadres (Trial), and Accountability Measures for the Selection and Appointment of Leading Party and Government Cadres (Trial), the CPC has drawn up a comprehensive plan for reforming the cadre and personnel system, made rigorous stipulations regarding basic principles, standards, procedures and methods for the selection and appointment of cadres, and tightened supervision over the work of cadre selection and appointment. We stick to the standards of political integrity and professional competence, with the former being the most important. We comprehensively press ahead with such systems as democratic recommendation and assessment, opinion polls, preliminary investigation report, public announcement before appointment, as well as systems of exchange of posts and recusal for cadres, and vigorously promote open selection and competition for posts, and spread and improve the system of appointing cadres to important positions by local Party commit-tees through voting.

深化司法体制和工作机制改革。中国坚持以维护司法公正为目标，按照科学配置侦查权、检察权、审判权和执行权的原则，建立公正高效权威的社会主义司法制度。建立警务督察制度，推行人民陪审员、人民监督员制度，扩大司法民主，推进司法公开。加强对司法活动的监督，规范司法人员对自由裁量权的行使。健全执法过错、违法违纪责任追究制度，保证司法公正。

Deepening the reform of the judicial system and working mechanism. Aiming to safeguard judicial justice, in accordance with the principles of scientifically allocating the power of investigation, supervisory power, adjudicative power and enforcement power, China is establishing a fair, efficient and authoritative socialist judicial system. A police discipline inspection system has been established and the systems of people’s assessors and people’s supervisors have been implemented to expand judicial democracy and promote judicial openness. Supervision over judicial activities has been intensified, and the exercise of discretionary power by judicial officers has been regulated. The accountability system has been improved for those enforcing the law wrongly and acting against law and discipline so as to ensure judicial justice.

推进财政管理体制改革。1998年以来，中国政府提出建立公共财政的目标，积极推进财政管理体制改革，深化部门预算公开、国库集中支付、“收支两条线”管理、政府采购、规范转移支付等改革。目前已将行政事业性收费、政府性基金、国有资源有偿使用收入、国有资本经营收益等纳入预算或“收支两条线”管理的范围，并将逐步实现全部缴入国库的目标。国家已初步建立起适合中国国情的部门预算基本框架，初步实现预算内外资金统筹使用、“一个部门一本预算”的改革目标。推进公务用车、公务接待等职务消费制度改革，规范党政领导干部职务消费行为。这些措施规范了政府理财行为，增强了财政管理的透明度，有效抑制了财政资金管理和使用中的腐败行为。微博@高斋翻硕 公众号:高斋翻译学堂

Promoting the reform of the fiscal management system. Since 1998 the Chinese government has proposed the goal of establishing public finance, actively promoted the reform of the fiscal management system, and deepened the reforms concerning openness of departmental budgets, centralized treasury payment system, the separated management of revenue and expenditure, government procurement, and regulated transfer payment. So far, China has included revenues from administrative fees, government-controlled funds, compensated use of state-owned resources and state capital operations in the budgets or the range of separated management of revenues and expenditure, ultimately attaining the goal of having all of them turned over to the state treasury. China has initially established the basic framework of departmental budgets suited to its national conditions, and comprehensive use of budgetary and extra-budgetary funds has been primarily realized, and the goal of “one budget for one department” has been achieved. The state promotes the reform of the work-related consumption system, such as use of vehicles for official duties and official receptions, to regulate work-related consumption by Party and government leaders. These measures have regulated the government’s management of money matters, increased the transparency of fiscal management and effectively hold in check corruption in the management and use of fiscal funds.

加快投资体制改革。为防止投资领域腐败现象的产生，中国政府着力建立市场引导投资、企业自主决策、银行独立审贷、融资方式多样、中介服务规范、宏观调控有效的新型投资体制，减少行政干预。2004年，国务院发布《关于投资体制改革的决定》，对深化投资体制改革作出全面部署。经过改革，企业投资主体地位逐步确立。国家不断建立和完善政府投资监管体系，完善政府重大投资项目公示制和责任追究制，加强对投资中介机构的监管。对中央预算内投资项目实行代建制试点，目前已有三分之二以上的省级政府开展代建工作。

Quickening the reform of the investment system. To prevent corruption in the field of investment, the Chinese government is striving to establish a new type of investment system which features market-led investment, independent decision making by enterprises, independent review of loans by banks, diversified forms of financing, standardized intermediary services and effective macro-control. In 2004, the State Council promulgated the Decision on the Reform of Investment System, making an overall plan for deepening the reform of the investment system. Through the reform, enterprises have been gradually assured to make their own decisions in investment. The state has established and constantly improved a monitoring system for government investments, im-proved the systems of public announcement and accountability for major government investment projects, and tightened supervision over investment intermediary agencies. As for projects undertaken with investments from the central budget, the agent system is being tried out by over two-thirds of provincial-level governments so far.

推动金融体制改革。中国实行中央银行与商业银行分离、政策性金融与商业性金融分离、银行与证券及保险业分业经营。不断加强和改进金融宏观调控，建立和完善银行业、证券业、保险业分业金融监管体制，加强金融监管，金融市场秩序逐步规范。建立并完善信息披露、信用评级制度，推动金融市场快速健康发展。推进国有商业银行股份制改革、证券公司重组、保险公司注资改制等一系列重大金融体制改革，进一步完善法人治理结构，全面清理和处置历史积累的金融风险，初步建立投资者保护制度。积极推动支付体系建设，推广使用非现金支付工具，完善金融账户实名制，有效防止和严厉惩处利用银行账户、证券市场和资本运作等手段进行腐败活动。建立覆盖全国的企业和个人信用信息基础数据库，加快建设金融业统一征信平台。建立金融机构的客户识别、大额和可疑交易报告、记录保存等制度，加强反洗钱监管。这些改革措施促进了金融业的规范健康发展，也有利于防范金融风险和金融腐败。

Promoting the reform of the financial system. China separates the business operations of the Central Bank from those of commercial banks, as well as of banks from those of securities firms and insurance companies, and detaches policy-based finance from commercial finance. Efforts have been made to constantly strengthen and improve macro financial control, establish and improve the separated financial regulatory systems for banking, securities and insurance industries, tighten financial oversight to gradually regulate the order of financial markets. The systems of information disclosure and credit rating have been established and improved to promote the rapid, healthy development of the financial markets in the country. Efforts have been made to press ahead with a series of major financial reforms towards introducing the shareholding sys-tem in state-owned commercial banks, restructuring of securities firms, and equity reorganization of joint venture insurance companies by injecting more funds from Chinese enterprises to gain control, to further improve the corporate governance structure, fully sort out and manage historically accumulated financial risks, and initially establish a system to protect investors. Positive efforts are being made to promote the establishment of a payment system, extend the use of non-cash payment tools, improve the system of real-name financial accounts, and effectively prevent and severely crack down on corruption activities by means of bank accounts, securities markets and capital operations. A basic database of the credit of enterprises and individuals across the country has been established, and work has been done to speed up the construction of a unified credit information platform of the financial sector. Work has been done to establish a series of systems, such as system of customer identification, system of report and record of large-sum and suspicious transactions so as to strengthen regulation over anti-money laundering. These reform measures have not only promoted the standardized, healthy development of the financial sector, but also helped ward off financial risks and corruption.

建立市场配置资源制度。中国政府注重完善制度，强化监管，防止在公共资源配置、公共资产交易、公共产品生产领域出现腐败问题。在工程建设方面，加快建立统一规范的有形市场，完善招标投标法律制度，规范招标投标活动。在土地使用权出让方面，实施公开竞争出让建设用地使用权制度，对经营性用地通过招标、拍卖、挂牌的方式出让。2001年至2009年，招标拍卖挂牌出让国有土地面积占总出让面积比例由7.3%上升到85.3%。在产权交易方面，规定必须遵循等价有偿和公开、公平、公正、竞争的原则。在政府采购方面，实行以公开招标为主要方式的采购运行机制，2002年至2009年累计节约财政资金3000多亿元。在矿产资源开发方面，严格执行探矿权、采矿权招标拍卖挂牌出让规定，严肃查处矿产资源开发中的违法违纪行为。微博@高斋翻硕 公众号:高斋翻译学堂

Establishing a system of allocating resources by the market. The Chinese government prioritizes improving systems and tightening supervision and regulation to prevent corruption in allotment of public resources, trade of public assets and manufacturing of public products. With regard to construction projects, efforts have been made to speed up the establishment of an integrated and standardized tangible market, improve the legal regime to regulate bid invitation and bidding activities. In the grant of land-use rights, a system of open competition is being carried out to grant the right to use land for construction purposes, while land for commercial use is granted by way of bidding, auction, and for-sale notification. From 2001 to 2009, the area of state-owned land granted through bidding, auction and for-sale notification had increased from 7.3% to 85.3% of the total land area granted. In transaction of property rights, the government rules that the principles of compensation for equal value, openness, fairness, justice and competition must be observed. Regarding government procurement, an operation mechanism featuring mainly public bidding has been enforced, saving over 300 billion yuan of fiscal funds from 2002 to 2009. In the area of mineral resources development, the regulations forbidding, auction or for-sale notification concerning the grant of the rights to prospect and exploit mineral resources have been implemented rigorously, and any acts going against law and discipline in mineral resources development are to be investigated and punished seriously.

六、依法依纪查处腐败案件

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

依法依纪查处腐败案件，是惩治腐败最直接最有效的手段。中国共产党和中国政府坚持在法律和纪律面前人人平等，严肃查处党员干部和国家工作人员中的腐败行为，保持惩治腐败的强劲势头。

It is a most direct and effective means to combat corruption by investigating and dealing with cases of corruption in accordance with law and discipline. Upholding the principle that everyone is equal before the law and discipline, the CPC and the Chinese government are serious in dealing with corruption among cadres who are Party members and state functionaries, maintaining a stern momentum in the checking of corruption.

中国针对不同时期腐败现象发生的特点，确定查办案件的重点。20世纪80年代，重点打击严重经济犯罪活动和利用价格“双轨制”非法倒买倒卖行为。20世纪90年代，以查办党政领导机关、行政执法机关、司法机关、经济管理部门和县（处）级以上领导干部的违法违纪案件为重点，着重查处贪污贿赂、挪用公款、失职渎职、贪赃枉法、腐化堕落等方面的案件，加大对金融、房地产、工程建设等领域案件的查处力度。进入21世纪，在继续坚持查处以上重点案件的同时，着重查办领导干部利用人事权、司法权、行政审批权、行政执法权等搞官商勾结、权钱交易、索贿受贿的案件，为黑恶势力充当“保护伞”的案件，严重侵害群众利益的案件，群体性事件和重大责任事故背后的腐败案件。微博@高斋翻硕 公众号:高斋翻译学堂

China has prioritized cases of corruption to be investigated and handled in response to the different characteristics of corruption phenomena in different periods. In the 1980s, the crackdown was mainly aimed at serious economic crimes and speculative buying and selling by taking advantage of the double-track price system. In the 1990s, the focus was shifted to breaches of the law and discipline by Party and government leading organizations, administrative and law-enforcement departments, judicial organs, economic management departments, and leading cadres above the county (division) level. The emphasis was placed on investigating and dealing with cases of embezzlement, misappropriation of public funds, negligence and dereliction of duty, taking bribes and bending the law, and other official misbehavior and degeneration, and efforts were strengthened to investigate and deal with cases of corruption in the fields of finance, real estate and engineering construction. In the 21st century, while making continuous efforts to handle cases in the above-mentioned aspects, the focus has been shifted to investigating and dealing with cases in which leading cadres take advantage of their control over personnel affairs, judicial powers, right to administrative examination and approval, and right to administrative law enforcement to act in collusion with lawbreaking businessmen, trade power for money, and solicit and take bribes, cases in which leading cadres provide protective shield for underworld and evil forces, and cases of serious infringement on the interests of the people, and cases of corruption that cause mass disturbances and major accidents due to negligence.

中国共产党纪律检查机关和政府监察机关始终坚持依法依纪查办腐败案件，做到事实清楚、证据确凿、定性准确、处理恰当、手续完备、程序合法。严格规范举报、受理、初核、立案、调查、审理、处分、执行、案件监督管理等各个环节，坚持文明规范办案，保障被调查人员的人身权、财产权、申辩权、申诉权和知情权等合法权益。

The CPC’s organs for discipline inspection and the government’s supervisory departments have all along persisted in investigating and dealing with cases of corruption in accordance with the law and discipline, making efforts to ensure that the facts are clear, the evidence is irrefutable, the verdict is correct, the handling is appropriate, formalities are complete and the procedure is lawful. All the links have been strictly regulated, including reporting, acceptance of a complaint, preliminary examination, filing a case, investigation, trial, punishment, execution of punishment, and supervision and management of a case. The principle of handling all cases in a civilized and standard manner is upheld to safeguard the legitimate rights and interests of those who are under investigation, including the right of person, property right, right to defense, right of appeal and right to know.

人民检察院依法对贪污贿赂、渎职侵权等国家工作人员职务犯罪直接立案侦查，并代表国家向人民法院提起公诉。检察机关接受贪污贿赂、渎职侵权犯罪的举报和有关部门移送的案件后，及时对举报线索和案件材料进行审查和初步调查，有犯罪事实并需要追究刑事责任的，依照程序对案件立案侦查，依法查明犯罪嫌疑人的犯罪事实。案件侦查终结后，根据查明的事实和证据，依法作出处理，其中对犯罪事实已经查清，证据确实、充分，依法应当追究刑事责任的，由人民检察院反贪污贿赂、反渎职侵权部门移送公诉部门审查后向人民法院提起公诉。2003年至2009年，各级人民检察院共立案侦查贪污贿赂、渎职侵权案件24万多件。在惩治受贿犯罪的同时，中国完善行贿犯罪档案查询系统，加大惩治和预防行贿犯罪力度。2009年，对3194名行贿人依法追究了刑事责任。

The people’s procuratorates can, in accordance with the law, directly file cases of job-related crimes committed by state functionaries for investigation, such as embezzlement, bribery, dereliction of duty and infringement on citizens’ rights, and initiate public prosecution to the people’s courts on behalf of the state. Accepting reports on such crimes and cases transferred from relevant departments, the procuratorial organs launch timely examinations and initial investigations of the clues of the reported crimes and materials regarding the cases. For those cases in which criminal facts are evident and criminal liability needs to be prosecuted, the procuratorial organs file them for investigation in accordance with legal procedures, and ascertain the criminal facts of the suspects in accordance with the law. Following the conclusion of investigation, the procuratorial organs shall deal with them in accordance with the law on the basis of ascertained facts and evidence. For those cases of which there are verified facts and ample evidence and for which criminal liability needs to be prosecuted in accordance with the law, the departments of the people’s procuratorates dealing with embezzlement, bribery, dereliction of duty and infringements on rights shall transfer them to the departments in charge of public prosecution for examination before the latter initiate legal proceedings in the people’s courts. From 2003 to 2009, the people’s procuratorates at all levels filed for investigation more than 240,000 cases of embezzlement, bribery, dereliction of duty and infringements on rights. Battling the crime of taking bribes, China has improved a database on criminal records of bribery, and intensified efforts in punishing and preventing crime of bribery. In 2009, some 3,194 people were punished for their criminal li-ability in offering bribes.

人民法院作为国家审判机关，依法独立行使审判权。在中国，未经人民法院依法判决，对任何人都不得确定有罪。对于检察机关依法提起公诉的贪污贿赂渎职等腐败犯罪案件，人民法院依法进行审理，按照罪刑法定、法律面前人人平等、罪责刑相适应的原则定罪量刑。除涉及国家秘密、商业秘密、个人隐私和未成年人犯罪外，人民法院审判案件一律公开进行，并保障诉讼参与人依法享有诉讼权利，保证被告人充分行使辩护权。在审判腐败犯罪案件的过程中，人民法院坚持对任何人犯罪在适用法律上一律平等的原则，不论腐败分子现任或曾任职务多高，只要构成犯罪就依法定罪处罚，既不允许其有超越法律的特权，也不因为其特殊身份和社会压力就加重处罚。微博@高斋翻硕 公众号:高斋翻译学堂

As the judicial organs of the state, the people’s courts exercise juridical power independently in accordance with the law. In China, no person shall be found guilty without being judged as such by a people’s court in accordance with the law. For cases of corruption that the procuratorial organs have initiated legal proceedings in accordance with the law, such as embezzlement, bribery or dereliction of duty, the people’s courts shall try them in accordance with the law and make sentences in line with the principles of prescribing punishments for specified crimes, equality of all before the law, and compatibility of crime, responsibility and penalty. All cases handled by the people’s courts shall be heard in public, except for those involving state or business secrets, privacy or minors. The people’s courts shall safeguard the procedural rights to which participants in the legal proceedings are entitled by law, and ensure that the accused enjoy fully the right of defense. During trials of corruption cases, the people’s courts shall adhere to the principle that all are equal before the law, no matter how important the posts those are accused of committing corruption hold or used to hold. Anyone whose acts of corruption constitute crimes shall be convicted and punished in accordance with the law. No privilege beyond the law is permissible, nor should the punishment be aggravated beyond the maximum prescribed by law because of their special social status or pressure from the public.

为准确适用法律、统一司法尺度，最高人民法院和最高人民检察院在总结贪污贿赂渎职等腐败犯罪案件审判和公诉经验的基础上，依法适时制定相关的司法解释，及时解决审判和公诉工作中出现的新问题，对指导各级人民法院和人民检察院正确审理、公诉案件，起到了重要作用。

To ensure accurate application of the law and unify judicial standards, the Supreme People’s Court and the Supreme People’s Procuratorate have timely issued relevant judicial interpretations in accordance with the law on the basis of summing up experience in hearing of and initiating public prosecution for cases related to corruption, such as embezzlement, bribery and dereliction of duty, so as to promptly solve newly emerging problems in the work of trial and public prosecution. This has played an important role in directing people’s courts and people’s procuratorates at all levels to handle such cases properly.

中国集中开展治理商业贿赂专项工作。近年来，重点查处工程建设、土地使用权和探矿采矿权出让、产权交易、医药购销、政府采购、资源开发和经销等6大领域以及银行信贷、证券期货、商业保险、出版发行、体育、电信、电力、质检和环保等方面的商业贿赂行为，依法依纪打击跨国（境）商业贿赂行为。自2005年集中开展治理商业贿赂工作以来至2009年，全国共查处商业贿赂案件69200多件，涉案金额165.9亿元。微博@高斋翻硕 公众号:高斋翻译学堂

China has launched a campaign to combat bribery in business. In recent years, major efforts have been made to deal with cases of commercial bribery in six major areas, namely, engineering construction, grant of the land-use right and mineral resources exploration and mining right, trade of property rights, purchasing and marketing of drugs, government procurement, and development of and deals in resources, as well as those related to bank credit, securities and futures, commercial insurance, publishing and distribution, sports, telecommunications, electric power, quality control and environmental protection. In addition, crackdown has also been launched on cross-border commercial bribery in accordance with the law and discipline. From 2005, when the special campaign against commercial bribery was launched, to 2009, over 69,200 cases of commercial bribery had been investigated and dealt with, involving 16.59 billion yuan in total.

中国政府把纠正损害群众利益的不正之风作为反腐败的重要内容。针对一些地方和部门存在的乱涨价、乱收费、乱罚款、乱摊派等损害群众利益的行为，采取了专项治理措施。针对农村土地征收、城镇房屋拆迁、国有企业重组改制、医药购销和医疗服务中出现的损害群众利益，以及拖欠农民工工资等突出问题，采取专项检查等措施予以纠正。国家加快改革步伐，相继取消农业税和义务教育阶段收费，推行教育、医药卫生体制改革等一系列改革措施，为纠正损害群众利益的不正之风创造了条件。

The Chinese government has made the rectification of un-healthy practices that harm the interests of the people one of major tasks in the fight against corruption. A special campaign has been launched to clamp down on arbitrary price hikes, charges, fines and requisition of donations that harm the interests of the people in some localities and departments. Meanwhile, special inspection and other measures have been adopted to rectify problems infringing upon the interests of the people in rural land expropriation, urban resettlement, restructuring of state-owned enterprises, purchases and sales of drugs and medical services, as well as the problem of wage defaults haunting rural migrant workers. The state has speeded up the steps of reform, abolished agricultural tax and charges for compulsory education, and adopted a series of measures in the reforms of the educational and health-care systems, thereby creating favorable conditions for rectifying unhealthy practices that harm the interests of the people.

中国政府逐步加大以行政首长为重点的行政问责力度，纠正执法不公、违法行政和有令不行、有禁不止、行政不作为乱作为等行为，对给国家利益、公共利益和公民合法权益造成严重损害的，依法依纪严肃追究责任。2009年发布《关于实行党政领导干部问责的暂行规定》，明确规定有决策严重失误、工作失职、管理监督不力等造成重大损失或恶劣影响的7种行为的，必须进行问责。2009年，共对7036名领导干部进行了问责。

The Chinese government has gradually strengthened the administrative accountability system, with the chief executive as the core, to fight against unjust law enforcement, administrative acts in violation of the law, disobeying orders and defying prohibitions, administrative inaction and chaos, and earnestly fix responsibility for cases that seriously infringe on the interests of the state and the public and the citizens’ lawful rights and interests in accordance with the law and discipline. In 2009, the Interim Provisions on the Implementation of Accountability for Party and Government Leading Cadres was issued, stating explicitly that responsibility must be fixed for seven types of acts that incur heavy losses or produce baneful influences, including serious mistakes in decision making, dereliction of duty, and ineffective management and supervision. In 2009, some 7,036 leading cadres were held responsible for such acts.

七、廉政教育和廉政文化建设

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

教育是反腐败和廉政建设的一项基础性工作。多年来，中国坚持不懈地在国家工作人员中开展廉洁从政教育，在全社会加强廉政文化建设，促使国家工作人员增强廉洁自律意识，推动全社会形成崇尚廉洁的良好风尚。

Education is a basic work for the fight against corruption and construction of a clean government. Over the years, China has unremittingly carried out education among state functionaries in performing official duties with integrity and strengthened the construction of a culture of integrity throughout the country to enhance in state functionaries a sense of integrity and self-discipline and foster throughout the society the fine tradition of upholding integrity.

中国把对党员和国家工作人员进行国家法律法规和党纪政纪教育作为廉洁从政教育的一项经常性工作。中共中央政治局经常组织有关法制的集体学习，对推动全社会特别是党员和国家工作人员提高法律意识起到良好的带动作用。目前，中国共产党的各级组织和国家机关集体学习已形成制度。中国政府积极开展全民普法教育，从1986年起，在全体公民特别是国家工作人员中连续实施了5个五年普及法律知识教育，共有8亿多人次接受了各种形式的法制教育，增强了公众的法治观念和对国家机关、国家工作人员廉洁从政的监督意识。

China makes educating Party members and state functionaries in state laws and regulations as well as Party and government discipline a routine work in anti-corruption education. The Politburo of the CPC Central Committee regularly organizes group studies of the law, which has played an exemplary role in enhancing the legal awareness of the general public, especially Party members and state functionaries. It has now become a rule for Party organizations at all levels and state organs to hold group studies. The Chinese government energetically promotes nationwide education in general knowledge of the law. Since 1986, it has successively carried out five five-year plans of such education among all citizens, especially state functionaries, with over 800 million people receiving such education in different forms, thus enhancing the awareness of the general public in the rule of law and the sense of the state organs and state functionaries in accepting supervision during their performance of official duties.

中国重视对国家工作人员的廉政教育培训，筑牢拒腐防变的思想道德防线。制定《干部教育培训工作条例（试行）》和全国干部教育培训规划，把廉洁从政教育作为干部教育培训的重要内容。中国共产党的各级党校、政府的各级行政学院和其他干部培训机构，把廉洁从政教育纳入教学计划，作为各级领导干部的必修课程。建立50个全国廉政教育基地，编写廉洁从政教育读本，有针对性地开展岗位廉政教育和培训。对于新任领导干部和新录用的国家工作人员，进行任职和上岗前的廉政培训，建立廉政培训档案。一些省（自治区、直辖市）在领导干部选拔前进行廉政法律法规考试，并将考试合格作为重要的任职条件。在领导干部任职前进行廉政谈话，做到防范在先。微博@高斋翻硕 公众号:高斋翻译学堂

China attaches importance to education and training in integrity among state functionaries, fortifying in them the ideological and moral defense line against corruption. The Regulations for Cadre Education and Training (Trial) and a nationwide plan for cadre education and training have been worked out, which designate education in performing official duties with integrity as a key con-tent of such education and training. Education in performance of official duties with integrity has been incorporated into the teaching plans of the CPC’s Party schools and the government’s schools of administration at all levels, as well as other organizations of cadre training, making it a required course for leading cadres of all levels. China has established 50 national bases for education in clean government and compiled related textbooks, and has carried out targeted on-the-job education and training in this regard. Training in performance of official duties with integrity has been held for newly elected or appointed leading cadres and newly recruited state functionaries before they take their offices, and files have been established for such training. In some provinces (autonomous regions, municipalities directly under the central government), examinations in laws and regulations related to clean government are held for those before they are selected to take leading positions, and passing such examinations has been taken as one important qualification for such positions. As a measure of precaution, talks related to clean government will be held with the would-be leading cadres before they assume office.

中国注重开展示范教育和警示教育。通过新闻媒体报道、召开先进事迹报告会、拍摄影视作品等形式，宣传党员干部和国家工作人员中的先进典型和他们的事迹。通过编写典型案例教材、拍摄警示教育片、建设警示教育基地、举办警示教育展览以及涉案人员现身说法等灵活多样的形式，教育广大党员干部和国家工作人员引以为戒，发挥典型案件的教育作用，达到惩处一个、教育一片的目的。微博@高斋翻硕 公众号:高斋翻译学堂

China emphasizes the demonstrative education with examples and admonishing education. It publicizes exemplary Party members and state functionaries and their deeds through news media, films and TV programs, and holding meetings to publicize their meritorious deeds. By compiling educational materials of typical cases, shooting films warning people against corrupt behavior, establishing education bases, holding relevant exhibitions and organizing corrupt officials to give speeches from their own experiences, it whets Party members, cadres and state functionaries’ awareness against corruption. It also uses typical cases to educate people, thereby punishing one as an example to others.

中国大力开展廉政文化建设，弘扬以廉为荣、以贪为耻的社会风尚。制定《关于加强廉政文化建设的意见》，推动廉政文化进机关、社区、家庭、学校、企业和农村。注重继承和发扬中华优秀传统中的廉政文化精华，以文学艺术、影视作品、书画展览和公益广告等形式表现廉政文化的丰富内涵，推出一批主题昂扬向上、时代特色鲜明、体现人文关怀的优秀廉政作品。通过这些内容丰富、形式多样、喜闻乐见的廉政文化活动，歌颂了中华民族崇尚廉洁的优良传统，展示了廉政建设的丰硕成果，推进了廉政文化建设深入开展。

China devotes major efforts to promoting the construction of a culture of integrity, advocating the moral values honoring integrity and disgracing corruption. The Opinions on Strengthening Construction of a Culture of Integrity has been worked out to promote the culture of integrity in offices, communities, households, schools, enterprises and rural villages. Attention has been paid to carrying on the quintessence of the culture of integrity in the fine traditions of Chinese nation and presenting the rich connotations of the integrity culture by means of literature and art, films and TV series, calligraphy and painting exhibitions, and ads for public good. A number of outstanding works advocating the culture of integrity have been produced and they give expression to inspiring themes, the spirit of the times and humane care. Rich in content and varied in form, these cultural activities are popular among the people, and they sing praises of the Chinese nation’s fine tradition of upholding integrity, showcase fruitful achievements in the construction of integrity culture, and further promote the development of such construction.

中国重视对青少年进行廉洁教育。许多小学、中学和大学专门开设廉洁教育课程，编写相关教材，有的还配备专门师资力量。同时，充分利用中小学生的夏令营、冬令营，以及大学生社会实践和校园文化建设等课外活动开展廉洁教育，培养青少年廉洁、诚信、守法的良好道德意识和法治观念。

China attaches importance to education among youngsters in integrity by offering such courses in many primary and secondary schools, and universities, supplying relevant teaching materials, and specialized teachers sometimes. Meanwhile, full use is made of such extracurricular activities as summer and winter camps for primary and high school students, and social practices and campus cultural construction for university students to carry out education in integrity, so as to foster among youngster the fine moral values of being incorruptible, honest and law-abiding as well as the sense of the rule of law.

八、反腐败国际交流与合作

VIII. International Exchanges and Cooperation in Combating Corruption

随着经济全球化的快速发展，腐败行为呈现出有组织、跨国境的趋势。加强反腐败国际交流与合作成为世界各国、各地区的共识。中国重视反腐败领域的国际交流与合作，主张在尊重主权、平等互利、尊重差异、注重实效的原则下，与世界各国、各地区和有关国际组织加强合作，互相借鉴，共同打击腐败行为。

With the rapid development of economic globalization, corruption has shown the tendency of becoming more organized and transnational. It is the consensus of all countries and regions in the world to strengthen international exchanges and cooperation in combating corruption, to which China attaches great importance. It proposes to enhance cooperation with other countries, regions and relevant international organizations, learn from one another and jointly combat corruption in the principle of respecting each other’s sovereignty, equality and mutual benefit, respecting differences and placing emphasis on substantial results.

中国加强同世界各国、各地区及有关国际组织的反腐败交流与合作，已经成为国际反腐败的重要力量。截至目前，中国已与68个国家和地区签订了106项各类司法协助条约。与美国建立了中美执法合作联合联络小组，并设立反腐败专家组；与加拿大建立了司法和执法合作磋商机制。中共中央纪律检查委员会和中华人民共和国监察部同80多个国家和地区的反腐败机构开展了友好交往，与俄罗斯等8个国家的相关机构签署了合作协议；与联合国、欧盟、世界银行、亚洲开发银行、经合组织等国际组织开展了多领域的交流与合作，积极参与二十国集团、亚太经合组织等框架内的反腐败合作机制。最高人民检察院先后与80多个国家和地区的相关机构签署了检察合作协议。公安部与44个国家和地区的相关机构建立了65条24小时联络热线，同59个国家和地区的内政警察部门签署了213份合作文件。

China, enhancing international exchanges and cooperation with other countries, regions and relevant international organizations, has become an important force in the international anti-corruption campaign. So far, China has signed 106 judicial assistance treaties with 68 countries and regions. It has established the China-US Joint Liaison Group on Law Enforcement Cooperation and an anti-corruption panel with the United States. It has also set up a bilateral Law Enforcement and Judicial Cooperation Consultations with Canada. The CPC Central Commission for Discipline Inspection and the Ministry of Supervision of China have engaged in friendly exchanges with anti-corruption institutions in more than 80 countries and regions, and concluded cooperation agreements with relevant institutions in eight countries, including Russia. Multi-field exchanges and cooperation have been carried out with such international organizations as the United Nations, European Union, World Bank, Asian Development Bank (ADB) and Organization for Economic Cooperation and Development (OECD). China has also actively participated in anti-corruption cooperation within the framework of the G20 and Asia-Pacific Economic Cooperation (APEC). The Supreme People’s Procuratorate has signed procuratorial cooperation agreements with relevant institutions in more than 80 countries and regions. The Ministry of Public Security has established 65 round-the-clock hotlines with relevant institutions of 44 countries and regions, and concluded 213 cooperation documents with interior or police departments of 59 countries and regions.

为推动反腐败国际交流与合作，中国于2005年批准加入了《联合国反腐败公约》。为履行公约规定的各项义务，中国成立了由24个机关和部门组成的部际协调小组，具体承担国内履约的组织协调工作，做好有关国内法与公约的衔接工作。2006年颁布《中华人民共和国反洗钱法》，以预防、遏制洗钱犯罪及相关犯罪。先后批准加入4个与反洗钱相关的国际公约，并成为金融行动特别工作组、欧亚反洗钱和反恐融资组织、亚太反洗钱组织的成员。2007年成立国家预防腐败局，开展预防腐败的国际合作和技术援助。微博@高斋翻硕 公众号:高斋翻译学堂

To promote international exchanges and cooperation in combating corruption, China acceded to the United Nations Convention against Corruption in 2005. In order to fulfill its obligations, China established an inter-department coordination group consisting of 24 government departments to organize and coordinate the implementation of the convention in China and the integration of Chinese laws and the convention. In 2006, the Law of the People’s Republic of China on Anti-money Laundering was promulgated to prevent and contain money laundering and relevant crimes. China has, in succession, acceded to four international anti-money laundering conventions, and become a member of the Financial Action Task Force on Money Laundering, the Eurasian Group on Combating Money Laundering and Financing of Terrorism and the Asia/Pacific Group on Money Laundering. In 2007, the National Bureau of Corruption Prevention of China was established to carry out international cooperation and technical assistance on corruption prevention.

中国还积极加入相关反腐败国际组织，参加和举办反腐败国际会议。1996年中国和巴基斯坦等国发起成立亚洲监察专员协会。2003年批准加入《联合国打击跨国有组织犯罪公约》，这是第一个针对跨国有组织犯罪的全球性公约。2005年加入亚太经合组织反腐败与提高透明度工作组、亚洲开发银行/经合组织亚太地区反腐败行动计划。2006年中国最高人民检察院发起成立国际反贪局联合会，这是世界上首个以各国、各地区反贪机构为成员的国际组织。近年来，中国还成功举办第七届国际反贪污大会、亚洲监察专员协会第七次会议、第五次亚太地区反腐败会议、国际反贪局联合会首届年会、亚太经合组织反腐败研讨会等国际会议，多次参加全球反腐倡廉论坛、政府改革全球论坛、国际反贪污大会等国际性反腐败会议。

China also actively participates in other international anti-corruption organizations, and attends and hosts international anti-corruption meetings. In 1996, China, Pakistan and other countries jointly set up the Asian Ombudsman Association. In 2003, China acceded to the UN Convention against Transnational Organized Crime, the first such international convention. In 2005, China joined the Anti-Corruption and Transparency Experts Task Force of the Asia-Pacific Economic Cooperation Forum and the ADB/OECD Anti-Corruption Initiative for Asia-Pacific. In 2006, the Supreme People’s Procuratorate initiated the International Association of Anti-Corruption Authorities (IAACA), the first such international organization, whose members are anti-corruption agencies of various countries and regions. In recent years, China has successfully held many international meetings, including the 7th International Anti-Corruption Conference (IACC), the 7th Asian Ombudsman Conference, the 5th Regional Anti-Corruption Conference for Asia and the Pacific, the 1st Annual Conference and General Meeting of the IAACA and the APEC Anti-Corruption and Transparency Symposium. China has also participated several times in such international anti-corruption conferences as the Global Forum on Fighting Corruption and Safeguarding Integrity, the Global Forum on Government Reform and the IACC.

引渡和遣返外逃腐败犯罪嫌疑人是反腐败国际合作的重要内容。1984年，中国加入国际刑警组织，加强了抓捕外逃腐败犯罪嫌疑人方面的国际合作。2000年颁布了《中华人民共和国引渡法》，为中国与外国加强引渡合作提供了法律基础。目前，中国已与35个国家缔结了双边引渡条约，加入含有司法协助、引渡等内容的28项多边公约。中国还可以依据联合国反腐败公约、联合国打击跨国有组织犯罪公约等国际公约，与世界100多个国家开展包括引渡在内的国际司法合作。微博@高斋翻硕 公众号:高斋翻译学堂

Extradition and repatriation of corruption suspects is an important part of international anti-corruption cooperation. In 1984, China acceded to the International Criminal Police Organization, and enhanced international cooperation in catching corruption suspects fleeing abroad. In 2000, China promulgated the Extradition Law of the People’s Republic of China, which laid the legal foundation for extradition cooperation between China and other countries. So far, China has concluded bilateral extradition agreements with 35 countries, and acceded to 28 multilateral conventions which contain provisions of judicial assistance and extradition. China con-ducts international judicial cooperation, including extradition, with more than 100 countries in accordance with the United Nations Convention against Corruption and the UN Convention against Transnational Organized Crime.

结 束 语

Conclusion

为反对腐败，加强廉政建设，中国共产党和中国政府作出了巨大努力，取得了明显成效。几十年来的实践证明，中国特色反腐倡廉道路是符合中国社会主义初级阶段基本国情的，是符合中国各族人民意愿的，是符合反腐败和廉政建设规律的。我们坚信，随着中国社会主义市场经济体制的不断完善，社会主义民主政治的不断发展和法律制度体系的逐步完备，以及社会、文化等各方面事业的不断进步，中国共产党和中国政府完全能够依靠自身力量和广大人民群众的支持，把腐败现象减少到最低程度。中国反腐败和廉政建设的前景是光明的。

The CPC and the Chinese government have been making great efforts to combat corruption and build a clean government, which has yielded notable results. Practice over the past few decades has proved that the path of combating corruption and building a clean government with Chinese characteristics conforms to the fundamental reality that China is still in the primary stage of socialism. It also conforms to the wish of people of all ethnic groups in China as well as the rule in fighting corruption and safeguarding integrity. We believe that, with the constant improvement of and progress made in China’s socialist market economy, socialist democracy, legal system, society and culture, the CPC and the Chinese government will, relying on their own strengths and the support of the Chinese people, minimize crimes of corruption. The prospect of combating corruption and building a clean government in China is bright.

反对腐败、建设廉洁政治是全人类的共同愿望，也是世界各国政府和政党面临的共同课题。加强反腐败国际交流与合作是中国政府的既定政策。中国将在国际和地区性反腐败交流与合作中发挥积极作用，与世界各国一道，为建设一个公正廉洁、和谐美好的世界而努力奋斗。微博@高斋翻硕 公众号:高斋翻译学堂

It is the common aspiration of all humanity and the common task faced by all governments and parties to combat corruption and safeguard integrity. It is also the basic policy of the Chinese government to strengthen international anti-corruption exchanges and cooperation. China will continue to play a positive role in international and regional anti-corruption exchanges and cooperation and endeavor, together with other countries, to build a clean, just, harmonious and fine world.