TITLE:
Basic Laws of Anti-Corruption in the Five ASEAN Countries: Models and Options
AUTHORS:
Lijun Kong, Jingjing Wei, Xi Yang, Ying Guo, Sheng Su
KEYWORDS:
Five ASEAN Countries, Anti-Corruption, Basic Law, Legislative Model
JOURNAL NAME:
Advances in Applied Sociology,
Vol.11 No.12,
December
30,
2021
ABSTRACT: Corruption is a cancer in the world that destroys the credibility of the
state and damages the interests of the people. It is the consensus and choice
of the international community to prevent and punish corruption through
anti-corruption legislation. There are three legislative models of
anti-corruption basic laws in the world: the criminal legislative model which
focuses on ex post punishment; the preventive legislative model which focuses
on advancing prevention; the comprehensive legislative model which combines
criminal punishment and pre-prevention. The Supervision Law is the latest
achievement of China’s specialized anti-corruption legislation, but from the viewpoint of its
legislative purpose and the setting of its provisions, it is not yet able to
shoulder the responsibility of being conceptual design of a basic
anti-corruption law. In the long run, China’s
anti-corruption work needs a basic anti-corruption law construct with both
prevention and punishment of corruption under comprehensive legislative model
to lead and guide China’s anti-corruption cause from both “prevention” and “punishment” aspects, and accelerate the modernization of China’s
corruption governance system and governance capacity.