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3.18.2009

Chinese Taiwanese the partial view and Chinese Hong Kong anti-corruption mechanism!

Chinese Taiwanese the partial view and Chinese Hong Kong anti-corruption mechanism!

(A is two) Present China has been divided under a sovereign state into four administrative areas in fact, mainland, Hong Kong, Macao, Taiwan, there are one's own characteristics in systems in every administrative area, worth using the experience of each other for reference. The most concerned questions at present of people in the mainland are the anti-corruption, I express some persons opinion on the anti-corruption mechanisms of two places in Taiwan, Hong Kong.

The anti-corruption mechanism of Taiwan of China, is mainly that two is clicked:

One, large the party ' It is mainly two parties) Supervise each other

There are two big parties of the Kuomintang and Democratic Progressive Party in Taiwan, these two parties have supervised and formed the core of the anti-corruption mechanism of Taiwan each other.

Second, judicial independence

After detecting and running the flat family's corruption and degeneration case, someone has talked about the judicial independence of Taiwan, in fact, the significant incident of the judicial independence of Taiwan should happen in 2004 " 3.19 gunslinging cases " Later. At that time, the country kissed the alliance to Taiwan " Supreme Court " Have proposed " It is invalid to elect " Claims, "Supreme Court " Reject, this shows Taiwan " Supreme Court " Have already possessed " The constitution court " Function ( It is certainly a false constitution court) .

The characteristic of the judicial independence, not merely including the judicial authority can detect and do, try the civil, criminal case independently, should also include making arbitration to the political event. Thus, the administration of justice of Taiwan is independent.

Two parties supervise two advantages:

First, implement supervision dynamically. Dig out the rival's case of corruption and degeneration, win and increase the chip for one's own election war, so, every political party has great motive force to take advantage of one's minor fault to gain his own purpose, large and get up at the bottom.

Second, have the ability to implement supervision. Face a big party, it is very difficult that the ability to depend on a person or several people only confronts with it, only two political groups may become rivals.

It is faulty too that two parties supervise, it is every political group that exposes one's past misdeeds each other for the purpose of utility, the ones that think cause splitting and in-fighting.

The abuse of executive power of checking and balancing with effective judicial independence is very effective to the corruption of attacking. However, the hidden danger of judge's dictatorship exists in the judicial independence, for example, during Ma Yingjiu's special fee case, the political life of the horse, by three judge's hands; For example, the electoral lawsuit of Bush, Jr and Gore was made a decision by 9 judges in 2000 again, say, the adjudication of 9 judges has raped several ten million American voters who support Gore in essence.

Though it is insufficient with the hidden danger to exist, the current anti-corruption mechanism of Taiwan is still more effective, the typical incident is detecting and doing to corruption and degeneration case of Chen Shui-bian family. This indicates, though the anti-corruption mechanism of Taiwan has not seen the obvious result yet in preventing in advance, but very strong in prosecuting afterwards.

China mechanism complicated anti-corruption of Hong Kong have, what time I make one's own summary:

First, have a brute force against the organ of corruption and degeneration, is far-famed Hong Kong ICAC.

Second, the chief executive asks the responsibility is made

The honest administration was born in the Great Britain of Hong Kong era, directly under the jurisdiction of by the Governor of Hong Kong, there is no democracy in Hong Kong at that time, the Governor of Hong Kong is only responsible for British government, so, Hong Kong ICAC establishes and operation, in fact has implied and asked the responsibility to the first chief executive. Now, after the return of Hong kong, this set of systems get off the succession.

Third, freedom of the press

Have given people authority to supervise, words right in other words.

Fourth, regard making in the jury as the independence partly of administration of justice of the characteristic

Say Hong Kong is some independence of administration of justice, can be with the punishment of last instance, civil case because of the Hong Kong court, have no right fundamental law " Basic Law " in Hong Kong clear up law, have no right decision first chief executive of Hongkong Special Administrative Region (need Hong Kong appoint by the central authorities after the local election) ,So, it can only be some independence of administration of justice.

Another characteristic of the judicial system of Hong Kong, is to adopt jury's system. Adopt Hong Kong that the jury makes and try the system, make citizens possess certain jurisdiction, compare the trial system of Taiwan, have certain results in avoiding judge's dictatorship.

Hong Kong is against mechanism's operation of corruption and degeneration, is a set of very complicated centralization of state power and fraction, supervising and restricting the combination blow that combine together.

For example,

The first chief executive of Special Administrative Region is directly under the jurisdiction of ICAC, the personnel of honest administration are very arrogant while handling a case that handle a case, it is the centralization of state power;

The freedom of the press, jury's system, is the fraction;

ICAC if passivism slack off, cause corruption and degeneration to be serious, ask responsibility the first chief executive of Special Administrative Region, force the first chief executive of Special Administrative Region to supervise subordinately;

If ICAC utilizes privilege and bends the law for the benefit of relatives or friends, cooks up charges to frame able and virtuously, then the freedom of the press is exposed it, it is unable to declare guilty through the jury.

What this set of mechanisms of Hong Kong designed is very ingenious, he has already guaranteed the high efficiency against corruption and degeneration of strong organ, have prevented the strong organ from developing into Lao Jiang's army interconnected system, such a secret service of the Gestapo that always wishes too.

Clean intensity in Hong Kong appraise the second in Asia in the world ' Second only to Singapore) ,World ranking 14 ( Have exceeded U.S.A., France, Germany) ,Prove Hong Kong is effective against the system of corruption and degeneration, prove besides multi-party system too, there is effective way of containing corruption and degeneration too.

If sum up the common characteristic against the mechanism of corruption and degeneration of Chinese Hong Kong, Taiwan, China, can sum up " Fraction " , " check and balance " These two points. We can say fraction, it checks and balances to be effective to require against corruption and degeneration pure technology of mechanism, have nothing to do with the political standpoint, do these two points think the anti-corruption must be very tired!

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