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The author:(作者)delvpublished in(发表于) 2014/1/6 10:22:59 The 21st century economic report： overseas corruption needed systems programmed
Beginning of this year, relating to the change of balance of payments statistics the State Council decided to declare measures took effect. The decision for China to residents through the State administration of foreign exchange Declaration of external financial assets and liabilities. This was interpreted as opening "overseas corruption" as a mechanism to curb acts of officials and State-owned enterprise executives concealed the extent of overseas.
Holding administrative and resource allocation power of officials, State-owned enterprise executives to declare property, which is the anti-corruption infrastructure, both within and outside the body, is more difficult to monitor assets abroad should strengthen control. But people on combat corruption of high looks forward to, also has may makes this new gauge was excessive interpretation, because its primary purpose is strengthened Exchange Management and on funds across border mobile situation of master, and non-spot for anti-corruption purpose and set, to makes its played anti-corruption features needed Exchange sector and justice, and discipline sector of tie, and external financial assets also not is equal to outside assets, does not enough to reflect officials, groups overseas assets of panorama.
In recent years, a growing "naked officials" have developed into "escape," trends in the phenomenon of, but its underlying source is domestic. Loopholes in the regulatory mechanism is an important issue, and law the "difficult". 2010 issued by the leading cadres report personal matters related to regulations required leading cadres to report spouse, child moved to the country (border) and background. But these have not been effectively enforced, so notice issued last December, once again, the Department stressed that better reporting. Current create conditions rose from party discipline official property declaration provides for formal laws and systems, formation and institutionalization of punishment mechanism, increasing official flight costs.
Corruption is the result of too much government interference in the market-derived, derived from actions such as government regulations, subsidies, price controls, therefore curbing corruption mainly on transforming government functions, sort out the border between Government and market, and strengthen legislation and supervision of administrative power. Abroad, Russia-corruption overseas assets has been official fuss, even legislate against officials with overseas accounts, issuing stocks and bonds abroad, but for reasons political and economic system, corruption remains rampant in various international corruption perception ranking is still very low, so rely on anti-corruption campaigns are hard to raise the overall level of clean.
Recommend taking the United States overseas anti-corruption laws strictly, but United States the thrust of the law is to punish its own officials of corruption in its dealings with foreigners, and we usually understand. However, it also provides an idea, is to bribe officials and executives of State-owned enterprises to foreign into the scope focused on punishing such acts. In the "going global" process, destroying the commercial order bribery of some enterprises in developed countries, as well as its governance improving the order of and tarnish China's image among the local population and the public opinion, to the detriment of foreign interests. Overseas listing of Chinese enterprises in the scandal also frequent, such as petroleum in September last year in the United States face class-action lawsuits, accusing its executives failed to disclose to investors their internal corruption problems, which reminds us that anti-corruption blank cover overseas judicial necessity.
Foreign corrupt practices often enable them gain access to business opportunities, and it often led to home countries to punish lack of power, such as the United States overseas anti-corruption law had been ravaged by corporate resistance due to prejudice the commercial interests. In order to overcome the "prisoner's dilemma" will require cooperation among States, improving global governance structures to fight corruption. In recent years the United States expanding the jurisdiction of the foreign corrupt practices, with the blurring of national identities in the process of globalization enterprises, China us-listed companies are also likely to be included in the jurisdiction. In this case, only establishing China's own foreign corrupt practices the rule of law system in due time, clear the jurisdiction of the foreign corrupt practices Act, can master the game initiative, and working with States to strengthen international anti-corruption system, with overseas forces to combat "escape" acts, in turn, promote the domestic construction and improvement of the competitive environment.
(Original title: overseas anti-corruption need programmed)
新年伊始，《国务院关于修改〈国际收支统计申报办法〉的决定》正式实施。《决定》要求中国居民通过国家外汇管理局申报对外金融资产和债务情况。这被解读为开启“海外反腐”机制，可遏制官员和国企高管在海外隐匿财产之行为。
让手握行政和资源分配大权的官员、国企高管等申报财产，这是反腐的基础设施，应内外一体，对更难于监控的海外资产的确更应加强控制。但民众对打击腐败的过高期待，也有可能使此新规被过度解读，因为其首要目的在于强化外汇管理和对资金跨境流动情况的掌握，而非专为反腐目的而设，要使其发挥反腐功能需外汇部门和司法、纪检部门的配合，而且对外金融资产也不等于境外资产，并不足以反映官员等群体海外资产的全貌。
近年来愈演愈烈的“裸官”有发展成为“逃官”现象之趋势，但其根本源头在于国内。一个重要问题是监管机制存在漏洞，及有法“难”依。2010年印发的《关于领导干部报告个人有关事项的规定》，就要求领导干部报告配偶、子女移居国(境)外及在外从业情况。但这些并未得到有效落实，所以去年12月中组部再次印发通知强调要做好报告工作。当前需创造条件把官员财产申报规定从党纪上升为正式的法律和制度，形成制度化惩罚机制，提高官员外逃成本。
腐败是政府对市场干预过多导致的衍生现象，源于政府管制、补贴、价格控制等种种行为，所以遏制腐败主要靠转变政府职能、厘清政府与市场边界，及加强对行政权力的立法和舆论监督。国外来看，俄罗斯反腐也一直以官员海外资产做文章，甚至立法禁止官员拥有海外账户、国外发行的股票和债券，但因为政治经济体制的原因，其腐败依然猖獗，在各种国际清廉排名上依然很低，所以单靠反腐行动是很难提升整体的清廉程度。
有人建议学习美国严格的海外反腐法律，但美国这些法律的要旨是惩治本国官员在与外国人交往过程中的腐败行为，与我们的通常理解不同。不过，这也提供了一个思路，就是要将官员或国企高管的对外行贿等行为也纳入重点惩治范围。在“走出去”过程中，一些企业在不发达国家的行贿破坏当地商业秩序，也阻碍其治理秩序的完善，进而玷污我国在当地民众与舆论中的形象，损害外交利益。中国企业在海外上市也丑闻频出，如去年9月中石油在美国遭遇集体诉讼，控诉其高管未能向投资者披露其内部腐败问题，这些都提醒我们弥补海外司法反腐空白的必要性。
海外腐败往往有助于本国企业获取商业机会，因而经常导致母国惩治动力不足，如美国的海外反腐法就曾因损害商业利益而遭到企业抵制。为了克服这一“囚徒困境”，就需各国合作，完善全球反腐治理结构。近年来美国反海外腐败的管辖权不断扩大，而随着全球化过程中企业国家身份的模糊化，中国在美上市企业也可能被纳入管辖范围。在此情况下，只有适时建立中国自己的反海外腐败法治体系，明确我国对海外腐败行为的管辖权，才能掌握博弈主动权，并与各国一起强化国际反腐体系，借助海外力量来打击“逃官”等行为，反过来也推动国内廉政建设与竞争环境的改善。
(原标题：海外反腐亟需制度程序化)
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