LI Ting
Renmin University of China Law School
Tel: + 86-10-62515960


                                             Editor's Notes

        Globalization makes corruption international. From the 1970’s onwards, domestic laws and international conventions have been formulated to curb corruption in the international arena. The focus of this issue includes two articles on how to deal with anti-corruption in the international and domestic legal systems.
       Professor Dan Hough’s article focuses on whether international anti-corruption legal mechanism works as it is designed to be. According to Professor Hough’s analysis, even though the international anti-corruption laws, such as United Nations Convention against Corruption and the Organisation for Economic Co-operation and Development’s
anti-bribery treaty, are “softer” than national law, they are making progress anyway. The real challenge of fighting corruption internationally is not how to expand the“circle of friends” for the international anti-corruption laws through inviting more signatory states, it is rather an inward issue of whether a country is under rule of law. A well enacted anti-corruption law cannot achieve its goals in a non-regulatory state, due to the lack of mentality and institutions to push it forward. Tactically, to generate more international anti-corruption cooperation for the benefits of perfecting the international anti corruption laws, it will be feasible for states to spot and address issues with many common interests. The foundation should be laid on the states’ domestic rule of law with shared values and common practice in order to make the international anti-corruption regime more long lasting and more effective.
       Professor JIANG Dong’s article discusses China’s option of whether to enact a special anti-extraterritorial corruption act or not. In terms of Chinese Foreign Direct Investment, China ranks second in the world and the expansion of Chinese economic force is accompanying with the occurrence of foreign bribery. Tremendous work has been done in
China to crack down the domestic corruption, while much less is done to deal with the foreign bribery. China’s latest effort of anti-foreign bribery is the sentence amendment of its Criminal Law to criminalize bribing foreign officials in 2011. The amendment itself
cannot provide a comprehensive regime to prevent and curb the foreign corruption. Important issues, such as extraterritorial jurisdiction, are put aside by the amendment. The compliance burden is another key issue for China to take into consideration for any
possible future enactment of anti-foreign bribery laws. As the first domestic law to curb foreign bribery, the Foreign Corrupt Practice Act of the Unites States will serve as a reference for China’s potential legislative initiative. In a word, a more feasible
anti-foreign bribery legal system, whether is in the form of an act or more detailed amendment to China’s Criminal Law will be a productive solution for China’s campaign against domestic and international corruption.
       It may be impossible for us to eliminate corruption completely. But to do something for the world is a must for reaching a consensus of what legal remedy should be taken domestically and internationally in order to fight against corruption. The focus of this
issue expects to provide some ideas from British and Chinese scholars on what should be done domestically in order to address an international issue.

      The focus are consisted of two articles:



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