China Law & Practice

Change font size:   

JUDICIARY TARGETS BRIBERY WITH STRONG WARNINGS

Date: July 2007

Keywords (click to search): [bribery] [corruption] [graft] [judiciary] [gambling]

COMMENT ON THIS ARTICLE

  • All comments are subject to editorial review.
  • All fields are compulsory


You may email your comment to a friend
To include more than one recipient, please seperate each email address with a semi-colon ';'




Receive email notification of new comments posted by other users




EMAIL A FRIEND

To include more than one recipient, please seperate each email address with a semi-colon ';'




China's top judiciaries issued a document on Sunday, July 8 targeting "new forms of corruption", in an effort to catch up with the tricks of "wily, corrupt officials", according to the government-run Xinhua news agency.

The document follows closely on the heels of the death sentence given to China's top food inspector, who was tried and convicted in May 2007 for accepting bribes from drug companies, and follows a similar regulation issued by the Central Commission for Discipline Inspection (CCDI) that took effect on May 30.

The document, which is co-issued by the Supreme People's Court (SPC) and the Supreme People's Procuratorate (SPP), sets a clear and new definition of bribe-taking activities. This includes illegally receiving stocks and shares as gifts, buying commodities such as houses or automobiles at ridiculously low prices as favours and receiving bribes through gambling. Officials who take advantage
of their posts to make profits for others but receive money or gifts after their tenures, and who seek profits through family members, relatives or specially-related persons, will also be severely punished as bribe takers, according to the document.

The document also makes clear that the intention to bribe is worthy of conviction, and that people who help officials covertly secure bribes will be punished as 'collaborators' and other people who help with obtaining bribes are also considered 'collaborators'.

Xinhua says the newly-issued document and the CCDI regulation have been hailed by law experts as "a well-cooperated step of intra-Party discipline and judicial system" to fight against "more sophisticated power-for-money crimes".

The CCDI has urged officials who have traded power for money to confess their misconduct before the end of June 2007 or face severe punishment when their wrongdoings are discovered. The judicial explanation states that "officials who return the money or gifts they had received in time won't be charged as bribe taking".

However, "it will make no difference to the graft charges if they return the money or gifts during investigation over themselves or related people".

China Law & Practice Events

The IFLR and Asialaw Competition Forum 2008
25 November 2008
Location: Hong Kong

The 2nd Annual Asia Pacific M&A Summit 2009
03 & 04 March 2009
Location: Hong Kong