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II. Leadership System and Working Mechanism for Combating Corruption and Building a Clean Government
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| 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 committees 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. 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. 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 Provisions 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. 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. 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. 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. 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. 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. 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. 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. 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. 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, coordinate 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. 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. |
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