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2007 Assessment

China: Integrity Indicators Scorecard

China: Integrity Scorecard Report > Sub-Category: Anti-Corruption Law
Indicators   Score
70 Is there legislation criminalizing corruption? 78

Indicator and sub-Indicator Details

70 Is there legislation criminalizing corruption?
 
  70a: In law, attempted corruption is illegal.
 
Score: YES  NO score
  Comments: According to Chinese criminal law, only the corrupted behavior with evidence and impact is illegal. There are no clear specification on attempted corruption.

References: There are no such laws.

  70b: In law, extortion is illegal.
 
Score: YES  NO score
  Comments:

References: Chapter 8 of Criminal Law of People's Republic of China

  70c: In law, offering a bribe (i.e. active corruption) is illegal.
 
Score: YES  NO score
  Comments:

References: Chapter 8 of The Criminal Law of People's Republic of China

  70d: In law, receiving a bribe (i.e. passive corruption) is illegal.
 
Score: YES  NO score
  Comments:

References: Chapter 8 of the Criminal Law of People's Republic of China

  70e: In law, bribing a foreign official is illegal.
 
Score: YES  NO score
  Comments: The Criminal Law of People's Republic of China doesn't criminalize bribing foreign officials' behavior.

See Lin Junhui "The Comparison of Corruption in China's Criminal Law and United Nations Convention against Corruption Fujian Law Review, No 1, 2005

References: There are no such regulations.

Peer Review Comments: China, however, ratified the UNCAC on 13 January 2006. Article 16 (bribing foreign official) is mandatory.

  70f: In law, using public resources for private gain is illegal.
 
Score: YES  NO score
  Comments:

References: Chapter 8 of the Criminal Law of People's Republic of China

  70g: In law, using confidential state information for private gain is illegal.
 
Score: YES  NO score
  Comments:

References: Chapter 8 of the Criminal Law of People's Republic of China

  70h: In law, money laundering is illegal.
 
Score: YES  NO score
  Comments:

References: The 6th Amendment to the Criminal Law of People's Republic of China

  70i: In law, conspiracy to commit a crime (i.e. organized crime) is illegal.
 
Score: YES  NO score
  Comments:

References: Chapter 2 of the Criminal Law of People's Republic of China

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