The International Convention against Corruption came into effect yesterday. China ratified it in October, along with 33 other countries.
China will actively take part in international partnerships in the fight against corruption.
Offences defined by the convention cover not only basic forms of corruption such as bribery and the embezzlement of public funds, but also trading in influence and the concealment and laundering of the proceeds of corruption. In addition, offences committed in the support of corruption, such as money-laundering and obstructing justice, are detailed.
The criminalization of offences for trading in influence has a special meaning with regard to traditional Chinese culture. The use of guanxi (connections) is well known in business circles. In fact, this practice has extended into most aspects of life for thousands of years.
As we apply the convention, we need, first of all, rules and specific codes of conduct to regulate the use of connections. Offences should be established for the practice of using connections to challenge these rules and code of conduct. Change in our traditional concepts related to corruption in this particular area is also required, although it will not be easy.
In the area of international co-operation, the convention will be instrumental as we track down corrupt officials that have fled overseas with the proceeds of corruption. The countries that have ratified the convention have agreed that recovery of assets and return of proceeds of corruption to the country of origin are basic principles.
Specific articles have mapped out the basis for co-operation between nations in the exchange of information, application of the laws of different countries, investigation of corruption cases and prosecution of offenders.
Under these principles, we hope to work with other countries to bring corrupt officials on the run to justice either by bringing them back for trial or having them prosecuted overseas.
More than 500 officials with more than 70 billion yuan (US$8.6 billion) are still at large across the world, according to statistics from the Ministry of Public Security.
The prosecution departments of different countries will have to work out how to facilitate the exchange of data in transnational corruption cases, and determine more effective measures to prevent corrupt officials from fleeing to foreign countries and prosecute them if they do.
At the Prosecutors General Conference that concluded on Monday, representatives from 38 countries and regions of Asia and Europe issued a declaration for co-operation in the fight against transnational organized crime and corruption.
As prevention is even more important than prosecution, international co-operative efforts must be made. In the formulation of policies, the optimization of an efficient and clean civil service, the transparency of financial mechanisms and so on, we have much to learn from other countries.
(China Daily December 15, 2005)
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