National supervision law to stamp out corruption from root
By Rabi Sankar Bosu
In addressing the recent 19th National Congress of the Communist Party of China (CPC), President Xi Jinping outlined his attitude toward the issue of corruption. He called it "the greatest threat" the Party faces, and stressed the fight against it remains grave and complex. However, he foresaw a "sweeping victory" for the anti-corruption drive that has gained "crushing momentum" in the past five years.
In his visionary keynote speech, Xi said, "law-based governance" has been actively developed in all areas over the past five years as an important pillar of the four-pronged strategy known as the "Four Comprehensives", which were adopted at the fourth plenary session of the 18th CPC Central Committee in 2014.
“Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era” ideology, which was enshrined in the CPC constitution during the 19th National Congress, sets the guide for work, to advance the building of a safe China, the rule of law, and the building of a political and legal workforce in the new era. “The theory of socialist rule of law with Chinese characteristics stipulates the nature, direction and road map of the rule of law,” said Yuan Shuhong of the Legislative Affairs Office of the State Council of China.
Xiao Pei, deputy secretary of the 19th Central Commission for Discipline Inspection of the Communist Party of China, speaks at a press conference on October 26, 2017 in Beijing. [Photo:Xinhua]
Since coming to power in 2012, President Xi has waged war against deep-rooted graft in order to better protect people's rights and interests. The past five years have seen the Party gain some victories with its anti-corruption campaign that have sustained and enhanced the vitality of the CPC's leadership.
Surely, the anti-corruption campaign since the 18th Party Congress in 2012 has helped cleanse the Party and the government, improved governance and effectively protect people's rights to supervise the government. The strictest anti-corruption campaign is the major focus point of the 19th CPC National Congress. It reflects the Party's determination to lead the Chinese people into a well-off society in accordance with the rule of law. The Party will continue the strictest anti-corruption campaign in the next five years
However, though China has moved from a system of “rule by law” to “rule of law”, it is still facing a "grim and complicated" situation in its clean governance drive and the fight against corruption despite progress. As such, the 19th Party Congress reaffirmed that the CPC must promote the rule of law to ensure sound lawmaking, strict law enforcement, impartial administration of justice, and the observance of law by everyone. Xi said the fight against corruption never ends. "We must remain as firm as a rock in our resolve to build on the overwhelming momentum and secure a sweeping victory," he said.
To curb corruption and underhand behavior of comrade leaders or public office holders, including within the judicial system, China launched a powerful anti-corruption system in the capital city of Beijing and the provinces of Shanxi and Zhejiang in January this year which have proved successful. Now China is to extend its current corruption supervision pilot programme from the initial three to cover the entire nation in the next few months.
As part of improving the legal system, China under the Party's leadership aims to pass a national supervision law and set up a new corruption supervision pilot commission next year in a bid to further “integrate resources” in the fight against corruption with greater determination in the Party and government.
According to the plan as circulated by the General Office of the Party’s Central Committee, by the end of this year or early 2018, supervisory commissions will be set up by the People’s Congress at provincial, city and county levels across China, to ensure that “all public servants exercising public power” are subject to supervision. The three levels of commissions are part of the Party’s plan to establish a national supervisory system that oversees all state organs and civil servants in order to curb corruption and underhand behavior. Surely, the supervisory commissions will enhance the Party's leadership in all aspects of society.
It is known that the draft on extending a corruption supervision pilot program was submitted to the bi-monthly 30th legislative session of the 12th Standing Committee of the National People's Congress (NPC), China's top legislature on 31 October, 2017. Li Jianguo, vice chairman of the NPC Standing Committee, said that the existing government supervisory agencies, corruption prevention agencies and anti-corruption departments within the procuratorates will be incorporated into the new commissions.
Undoubtedly, the idea of launching the supervisory commissions across China is a more integrated and a positive step to counter deep-seated graft. Fighting corruption is essential for the CPC to retain its leadership and safeguard the achievements of reform and opening-up. Zhao Leji, head of the Central Commission for Discipline Inspection, China's top anti-graft watchdog, said that the Party hopes to make efforts to tackle corruption more efficient by merging various bodies into the supervisory apparatus, enjoying the same legal footing as the government.
Ji Naili, a professor at the Zhou Enlai School of Governance, Nankai University, in an opinion article in the China Daily rightly remarked, “The supervisory commissions will combine the Party's leadership, the people's participation and the rule of law to fight corruption, and help eliminate corruption from the root.”
It is hoped that the establishment of the unified supervision system nationwide will strengthen and unify the leadership of the Party for anti-corruption cases of any civil official, suspected of corruption according to law. Surely, the pilot program will move from "strictly regulating Party members" to "strictly regulating all civil servants", including non-Party members.
There is no doubt that the national supervision law will fundamentally cage power and prevent corruption. In the words of Zhi Zhenfeng, a legal expert at the Chinese Academy of Social Sciences in Beijing, "It will not only keep an eye on officials at all levels - province, city and county - but also the National People's Congress and public security organs. Thus, it will prompt overall CPC self-discipline."
As such, it is anticipated that once the supervisory commission is established nationwide, the CPC will continue the efforts of the anti-corruption campaign within a legal framework, which is important to “build a country of socialist rule of law with Chinese characteristics” and lead the Chinese people into a moderately prosperous society in all respects.
(Rabi Sankar Bosu, Secretary of New Horizon Radio Listeners’Club, West Bengal, India)