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Back反跨境腐败法草案引热议:为全球反跨境腐败事业贡献中国智慧
反跨境腐败法草案引热议:为全球反跨境腐败事业贡献中国智慧
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中国新闻网2 hours agoLaw3 min readChinaView translation

反跨境腐败法草案引热议:为全球反跨境腐败事业贡献中国智慧

委员建议将法律文本与《决定》对表,吸收打击利用互联网、虚拟货币等实施腐败行为的相关内容

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反跨境腐败法草案正提请十四届全国人大常委会二次审议。与会人员认为,该法填补了反跨境腐败专门立法空白,标志着中国反腐败涉外法治建设从实践探索迈向法治定型,并为全球反跨境腐败事业贡献中国智慧。

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Why It Matters

反跨境腐败法草案正提请十四届全国人大常委会二次审议。中国反跨境腐败相关规定长期分散在监察法、刑法、国际刑事司法协助法等法律之中,缺乏专门法律。《中共中央关于持之以恒推进全面从严治党若干重大问题的决定》11月1日全文公布,其中指出要健全反腐败法律法规,深化反腐败国际合作,加强追逃防逃追赃,加大跨境腐败案件查办力度。

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中新社北京11月5日电 (记者 谢雁冰)反跨境腐败法草案正提请十四届全国人大常委会二次审议。在分组审议中,与会人员认为,制定反跨境腐败法标志着中国反腐败涉外法治建设从实践探索迈向法治定型,为全球反跨境腐败事业贡献了中国智慧。

“跨境腐败案件面临发现难、取证难、追赃难、定罪难的现实困境,急需专门立法。”在分组审议中,全国人大常委会委员沙尔合提·阿汗说,中国反跨境腐败相关规定长期分散在监察法、刑法、国际刑事司法协助法等法律之中,缺乏专门法律。本草案填补了反跨境腐败专门立法的空白,实现了从分散规制到统一立法的转变。

全国人大外事委员会委员谭成旭表示,反跨境腐败法系统确立反跨境腐败工作机制、追逃追赃和国际合作的法律遵循,强化对跨境腐败行为的预防、惩治和反制,填补反跨境腐败专门立法的空白,标志着中国反腐败涉外法治建设从实践探索迈向法治定型,在推进中国反腐败治理体系和治理能力现代化进程中具有里程碑意义,并为全球反跨境腐败事业贡献了中国智慧。

全国人大常委会委员甄占民认为,制定该法有利于强化中国反腐败鲜明立场,有利于跨境经营企业的健康有序发展,有利于营造市场化、法治化、国际化一流营商环境,有利于丰富追逃追赃和办理涉外腐败案件的法律“工具箱”,切实提高反跨境腐败工作能力。

《中共中央关于持之以恒推进全面从严治党若干重大问题的决定》(简称《决定》)11月1日全文公布。其中指出,“深入研究把握社会主义市场经济条件下反腐败规律,健全反腐败法律法规”“深化反腐败国际合作,加强追逃防逃追赃,加大跨境腐败案件查办力度”。

甄占民表示,制定出台反跨境腐败法,持之以恒推进全面从严治党,“可以说恰逢其时”。

全国人大常委会委员王志民建议,将法律文本和《决定》对表,及时吸收更新有关重要提法、重大举措,确保及时将党的意志上升为国家法律。沙尔合提·阿汗也建议法律中增加《决定》中关于反跨境腐败的有关内容,比如增加“坚决打击利用互联网、虚拟货币、跨境资金、区块链等实施的腐败行为”。

在分组审议中,与会人员普遍认为,草案总体看已经比较成熟。也有与会人员就进一步修改完善提出意见建议。

全国人大常委会委员胡晓犁说,草案确定了反跨境腐败的整体制度框架,但在现实执法中还有某些方面需要进一步细化操作规程,例如涉外协作、合规管理、跨境追赃等方面的具体程序,以便工作规范有序开展。(完)

What to Watch

AI outlook — possibilities, not facts

  • 反跨境腐败法草案将在后续审议中进一步修改完善并最终通过

    Likely · Within weeks

Open Questions

  • 草案具体何时正式通过并施行?
  • 涉外协作、合规管理、跨境追赃等方面的具体程序将如何细化?
  • 法律文本与《决定》的对表工作将如何推进?

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This article was originally published by 中国新闻网.

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