Page 48 - 2015_WhitePaper_web
P. 48
5 White Paper on the Business Environment in China
Liu Junhai, professor of law at Renmin University of tries such as the U.S., Canada, Japan and Belgium. An ultima-
China, e Economic Observer, Oct 20 tum was issued – December 1, 2014 -- for escaped economic
crimes suspects, mostly corrupt former government o cials,
“E orts to promote the rule of law might fail without to give themselves up in exchange for lenient sentences.
the protection of citizens’ property. We learn that lesson
from numerous violent demolitions of residents’ houses. Xinhua noted the success of the operation as “a positive sign
A complete system of property rights law must be estab- that the legal system and rule of law have been greatly improved
lished. en the ordinary people, nding their rights in China, with many countries strengthening cooperation and
protected, will support the rule of law from the heart.” coordination with China on law enforcement.” Media reports
hexun.com, Oct 20 noted that President Xi Jinping referred to hunting for
economic crimes suspects overseas and recovering embezzled
“President Xi Jinping emphasized obedience to the money on various occasions during trips overseas, in a bid
Constitution. But China has neither a constitutional to strengthen law enforcement cooperation with other
court nor a constitutional review system. We expect countries such as when visiting Australia, New Zealand, Fiji
the Fourth Plenum to be innovative and to discuss the or attending the G20 Summit in Brisbane. China has also
possibility of such a system so that the Constitution helped forge a cross-border law enforcement network to
will be truly respected. is is a prerequisite to the strengthen transnational anti-corruption cooperation in the
rule of law.” Asia-Paci c region, which was adopted by APEC leaders
Jiao Hongchang, professor of law at China University of during the November 2014 summit in Beijing.6
Political Science and Law, Beijing News, Oct 17 13
Closer to home, the anti-corruption campaign continued
In December 2014, China Daily published a special in November 2014 when China’s deputy Procurator-General
editorial entitled “Constitution Day Matters” in which Qiu Xueqiang announced that China will establish a new anti-
it points out that “given the prevalent ignorance of and graft body to further increase pressure on corrupt o cials.7
disregard for the Constitution public o cials have displayed, In an exclusive interview with Xinhua, Mr. Qiu said that the
it is necessary to have all State functionaries take an oath to plan for a new anti-graft agency was put forward by the Party
the fundamental law.” It also went on to quote the American committee of the Supreme People’s Procuratorate (SPP) and
legal scholar Harold J. Berman, who said “ e law must be was approved by the central authority. A vice-ministerial level,
believed in, or it will exist in name only,” before going on to full-time member of the procuratorial committee will hold a
observe that “that is precisely where [China’s] problem lies.”3 concurrent post as head of the new anti-graft agency, Mr. Qiu
added. According to Xinhua, China had established the anti-
Anti-Corruption Crusade corruption bureau under the SPP in 1995 but after almost
20 years of development, the bureau has struggled to meet
In March 2014, while meeting with foreign media report- the demands for anti-corruption work. Mr. Qiu promised
ers after the closing session of the National People’s Congress that the new agency will be “better organized and better able
and in response to questions about anti-corruption, Premier to help the SPP handle major cases and break institutional
Li Keqiang was quoted as saying: “China is a country ruled by obstacles.” 7
law, no matter who you are, regardless of rank, there is equali-
ty before the law. For those who have violated party discipline, In addition to tightened scrutiny from a new anti-graft body,
it is necessary according to the law, to be severely disciplined the anti-corruption drive continues unabated as companies
and punished.”5 and public service groups supervised by the Communist Party
of China (CPC) and government departments will also face
For the corrupt and for corruption, Premier Li said, China a new round of top-level disciplinary inspections, Xinhua
has “zero tolerance.” He declared that “corruption is the natu- reported. Anti-graft measures set by the CPC and disciplinary
ral enemy of the people’s government.”5 inspections by superior authorities have played a great role in
uncovering and correcting misconducts.8
In July 2014, Xinhua reported that China had launched its
Fox Hunt operation, targeting corrupt o cials and suspects “Over the past two years, central inspection teams have
of economic crimes who have ed the country. Fox Hunt’s covered Party and government departments at the provincial
goal: “block the last route of retreat” for corrupt o cials after level. Next, we will focus on organizations supervised by cen-
the country’s crackdown narrows the space for abuse of power. tral authorities,” Wang Ying, a senior o cial with the central
inspection team, said. He refused to disclose the time and du-
e hunt netted 288 suspects, including 21 who had been at ration of the upcoming inspections, but said certain Party and
large for more than a decade, and 84 from developed coun- government departments would be rechecked. In addition to
local Party and government units, the previous four rounds of
48
Liu Junhai, professor of law at Renmin University of tries such as the U.S., Canada, Japan and Belgium. An ultima-
China, e Economic Observer, Oct 20 tum was issued – December 1, 2014 -- for escaped economic
crimes suspects, mostly corrupt former government o cials,
“E orts to promote the rule of law might fail without to give themselves up in exchange for lenient sentences.
the protection of citizens’ property. We learn that lesson
from numerous violent demolitions of residents’ houses. Xinhua noted the success of the operation as “a positive sign
A complete system of property rights law must be estab- that the legal system and rule of law have been greatly improved
lished. en the ordinary people, nding their rights in China, with many countries strengthening cooperation and
protected, will support the rule of law from the heart.” coordination with China on law enforcement.” Media reports
hexun.com, Oct 20 noted that President Xi Jinping referred to hunting for
economic crimes suspects overseas and recovering embezzled
“President Xi Jinping emphasized obedience to the money on various occasions during trips overseas, in a bid
Constitution. But China has neither a constitutional to strengthen law enforcement cooperation with other
court nor a constitutional review system. We expect countries such as when visiting Australia, New Zealand, Fiji
the Fourth Plenum to be innovative and to discuss the or attending the G20 Summit in Brisbane. China has also
possibility of such a system so that the Constitution helped forge a cross-border law enforcement network to
will be truly respected. is is a prerequisite to the strengthen transnational anti-corruption cooperation in the
rule of law.” Asia-Paci c region, which was adopted by APEC leaders
Jiao Hongchang, professor of law at China University of during the November 2014 summit in Beijing.6
Political Science and Law, Beijing News, Oct 17 13
Closer to home, the anti-corruption campaign continued
In December 2014, China Daily published a special in November 2014 when China’s deputy Procurator-General
editorial entitled “Constitution Day Matters” in which Qiu Xueqiang announced that China will establish a new anti-
it points out that “given the prevalent ignorance of and graft body to further increase pressure on corrupt o cials.7
disregard for the Constitution public o cials have displayed, In an exclusive interview with Xinhua, Mr. Qiu said that the
it is necessary to have all State functionaries take an oath to plan for a new anti-graft agency was put forward by the Party
the fundamental law.” It also went on to quote the American committee of the Supreme People’s Procuratorate (SPP) and
legal scholar Harold J. Berman, who said “ e law must be was approved by the central authority. A vice-ministerial level,
believed in, or it will exist in name only,” before going on to full-time member of the procuratorial committee will hold a
observe that “that is precisely where [China’s] problem lies.”3 concurrent post as head of the new anti-graft agency, Mr. Qiu
added. According to Xinhua, China had established the anti-
Anti-Corruption Crusade corruption bureau under the SPP in 1995 but after almost
20 years of development, the bureau has struggled to meet
In March 2014, while meeting with foreign media report- the demands for anti-corruption work. Mr. Qiu promised
ers after the closing session of the National People’s Congress that the new agency will be “better organized and better able
and in response to questions about anti-corruption, Premier to help the SPP handle major cases and break institutional
Li Keqiang was quoted as saying: “China is a country ruled by obstacles.” 7
law, no matter who you are, regardless of rank, there is equali-
ty before the law. For those who have violated party discipline, In addition to tightened scrutiny from a new anti-graft body,
it is necessary according to the law, to be severely disciplined the anti-corruption drive continues unabated as companies
and punished.”5 and public service groups supervised by the Communist Party
of China (CPC) and government departments will also face
For the corrupt and for corruption, Premier Li said, China a new round of top-level disciplinary inspections, Xinhua
has “zero tolerance.” He declared that “corruption is the natu- reported. Anti-graft measures set by the CPC and disciplinary
ral enemy of the people’s government.”5 inspections by superior authorities have played a great role in
uncovering and correcting misconducts.8
In July 2014, Xinhua reported that China had launched its
Fox Hunt operation, targeting corrupt o cials and suspects “Over the past two years, central inspection teams have
of economic crimes who have ed the country. Fox Hunt’s covered Party and government departments at the provincial
goal: “block the last route of retreat” for corrupt o cials after level. Next, we will focus on organizations supervised by cen-
the country’s crackdown narrows the space for abuse of power. tral authorities,” Wang Ying, a senior o cial with the central
inspection team, said. He refused to disclose the time and du-
e hunt netted 288 suspects, including 21 who had been at ration of the upcoming inspections, but said certain Party and
large for more than a decade, and 84 from developed coun- government departments would be rechecked. In addition to
local Party and government units, the previous four rounds of
48
