论文部分内容阅读
依法治腐是现代法治国家的必然选择。实行依法治腐败必须营造有利于遏制腐败现象的良性法制生态,逐步消除现行法律中导致腐败现象滋生和蔓延的恶性生态因子。在当代中国法制中,自由裁量权设置过多且缺乏必要的监控程序,利益冲突在立法、执法和司法等权力行使中大量存在而未能得到有效的排除,在权力结构上过于集中而缺乏分权和监督制约,权力运行中透明度较低,对腐败现象的法律容忍度不降反升,构成了五大恶性生态因子。本文在分析其与腐败现象的内在联系的基础上,提出了相应的治理对策。
Corruption by law is the inevitable choice of a modern country ruled by law. In order to implement corruption in accordance with the law, we must create a benign legal system ecology conducive to curbing corruption and gradually eliminate the vicious ecological factors that have led to the breeding and spread of corruption in the existing laws. In contemporary China's legal system, there are too many discretionary powers and lack of necessary monitoring procedures. Conflicts of interest exist in abundance in the exercise of the powers of legislation, law enforcement and judicature, which can not be effectively ruled out. They are too centralized in power structure and lack of points Rights and supervision and control, lower transparency in the operation of the power, and legal tolerance of corruption on the rise and fall, constitute the five vicious ecological factors. Based on the analysis of its internal relations with the phenomenon of corruption, this paper puts forward the corresponding management countermeasures.