新时代“不敢腐、不能腐、不想腐”机制建构——以法治保障为研究视角

    Construction of Mechanism of "Dare not be, Can not be and Will not be Corrupt"——From the Perspective of the Guarantee of the Rule of Law

    • 摘要: “强化不敢腐的震慑,扎牢不能腐的笼子,增强不想腐的自觉”是十九大报告对中国反腐败斗争提出的重大举措和任务规划。从法治功能视角来看,新时代中国反腐败斗争的持续顺利有效推进,有赖于“三不腐”机制的建构,有赖于法治的全方位保障,有赖于法治的规范、预防、威慑、惩戒、保障、教化、指引等功能的充分发挥。应通过完善国家立法和党内法规,筑牢反腐败的制度基础;通过科学配置和规范权力,完善权力结构和运行体系;通过夯实立体权力监督体系,提升监督问责实效;通过加强刑法反腐,增强法律实施的有效性;通过加强法治宣传教育,提升领导干部的法治素养和观念。

       

      Abstract: In the Report of the 19th CPC National Congress, Xi Jinping pointed out that, to achieve an overwhelming victory in the fight against corruption, we should strengthen deterrence so officials dare not be corrupt, strengthen the cage of institutions so they are unable to be corrupt, and strengthen their vigilance so that they have no desire to commit corruption. The three aspects of 'dare not be, can not be and will not be corrupt' are an organic whole, all of which depend on the development of the rule of law, and on the full playing of different functions of the law including regulating, preventing, deterring, punishing, protecting, moralizing and guiding. To construct this effective mechanism, China should improve the national legislation and regulations of the CPC, to build a strong foundation of anti-corruption system; should scientifically and legally allocate power, to improve the power structure and operation system; should consolidate the solid power supervision system, to promote the effectiveness of supervision and accountability; should strengthen the criminal prosecution against corruption, to enhance the effectiveness of law enforcement; should push forward the rule of law publicity and education, to help officials and party cadres to establish the notion and idea of rule of law.

       

    /

    返回文章
    返回