Features of the formation and implementation of anti-corruption legislation in the People's Republic of China: comparative legal and institutional analysis

The publication examines the peculiarities of the mechanism of state power, as well as the peculiarities of the formation and implementation of state legal policy against corruption in the People's Republic of China (mainland China), in Hong Kong (Hong Kong), Macau and Taiwan. A scientific assessment of the main activities of state power of the People's Republic of China in the system of anti-corruption tools is given. Scientific research is carried out not only in certain areas of anti-corruption activities, which are traditionally associated with the fight against corruption, but also in other areas of state legal policy, for example, prevention of corruption and compensation for harm caused by corruption offenses, immanently related to the peculiarities of the formation and functioning of the mechanism of state power in the People's Republic of China. In the course of processing empirical material, scientific methods were applied in relation to understanding the existing doctrinal format, comparative legal and institutional analysis. Special legal methods (legal comparative linguistics, content analysis, legal geography) were used through which the features of the functioning of state power mechanisms and legal regulation, the specifics of their interaction were revealed. The study used empirical materials from the Chinese legal system, from the practice of state and legal construction in such elements of the complex structure of the territorial structure of state power in China as the complex form of a unitary state with autonomous entities on the mainland of the PRC, as well as Special Administrative Regions of China – Hong Kong, Macau. The authors also studied the practice of countering corruption in Taiwan (now a rebellious province temporarily not subordinate to the PRC). The publication discusses approaches to understanding the Chinese specifics of the formation of a national anti-corruption strategy. An attempt was made to synthesize the strategic features of countering corruption, which differ at various levels of the territorial organization of power in China.