"You can rebut me at any time," Wang Minggao said with great
confidence. Wang is well known for his extensive research into
corruption in China.
During a three-hour long interview with Nanfang Weekend
published on June 15, Wang disclosed the details of research into
corruption prevention and control measures that he is currently
leading. Wang is a section chief under the Organization Department
of?Hunan provincial Party committee.
Comprised of officials and academics from Hunan, his research team was set up last
September. The team was established by the National Social Sciences
Foundation, and supported by Hunan University, the Organization
Department of Hunan provincial Party committee, and Hunan
Provincial Commission for Discipline Inspection.
Top of the agenda for the research team is developing measures
to deal with those who have fled the country, currently the most
difficult and complicated part of anti-corruption work.
According to Wang, there are no accurate statistics on the
number of corrupt officials who have absconded nor the amount of
money embezzled. The team puts the number of absconders at several
thousand, not including those who have been reported missing or who
have committed suicide.
High-level executives from financial departments and state-owned
large and medium-sized enterprises account for the majority of
corrupt officials who have fled the country. The others are
government officials, most of them high-ranking officials, and
ordinary bank employees.
As part of their initial research, the team has profiled
malfeasants as follows:
The first group are officials in their 50s. They are typically
people who were in charge of communications or construction
departments. They have used their positions to embezzle huge
amounts of money, but might now be feeling a little uneasy because
their ability to cover up their corruption diminishes the closer
they get to retirement.
Yang Xiuzhu, 58, former vice director of the Zhejiang Provincial
Department of Construction, is an example. Her official position
enabled her to process the necessary paperwork and monetary
transfers for her family's relocation outside the country. She also
arranged things so that she could flee at any time.
The second category of malfeasants are general managers of
state-owned enterprises usually in their 40s. They hold several
important positions that give them access to funds. Yu Zhengdong,
38, former head of Bank of China's Guangdong Kaiping branch, and
42-year-old Luo Qingchang, former chairman of the board of
directors of Yunnan Tourism Group, are classified under this
category. They used their business connections to set up shell
companies overseas into which funds and assets were channeled.
The top destinations for these absconders are usually developed
countries including the US and Canada, and also certain Latin
American or East European countries.
The last category includes ordinary bank employees in their 20s
such as 28-year-old Xie Bingfeng, and Mai Ronghui from Bank of
China's Nanhai branch office. They flee as soon as they make any
profit and typically escape to Southeast Asian countries like
Thailand and Myanmar.
In terms of measures to prevent, control and punish corruption,
Wang's team suggests passing an anti-money laundering law as soon
as possible. China's current Criminal Law only punishes money
laundering in relation to smuggling and drug trafficking; income
illegally derived from corruption and bribery?is not
covered.
Further, the team suggests encouraging the use of civil
punishments. Lawsuits can be initiated in the country where the
absconder has fled to demand civil compensation.
However, even if money laundering is included in the Criminal
Law, a more significant issue remains: extradition. Political
persecution and capital punishment are raised as defenses by
absconders pleading for non-extradition to China, which means that
many absconders can effectively escape the long arm of the law.
"We suggest abolishing the death penalty for corruption. For
example, Lai Changxing, who is believed to have been involved in a
series of smuggling and bribery cases in east China's Fujian Province, fled to Canada in 1999 and is
still there. In Lai's case, Canada is proceeding on the principle
that criminal suspects who face the death penalty will not be
extradited," Wang said.
On April 29, the Standing Committee of the National People's Congress approved the
extradition treaty with Spain. The treaty provides that China will
not execute criminal suspects repatriated from Spain, a decision
that could help persuade more Western countries to join China's
efforts in tracking down corrupt officials who have fled
abroad.
"Statistics from the last 10 years also show that it is
unrealistic to try and curb corruption with the death penalty. Many
corrupt officials who have fled abroad use this to avoid the
punishment of law," Wang said.
Wang and his team also suggest the establishment of a trial
system that would enable the courts to try fugitives in absentia.
This would have to be done in conjunction with further cooperation
with other countries in relation to extradition and the
confiscation of property and assets.
As far as state assets are concerned, the central government
demands that this must be retrieved. "This might affect the
willingness of certain countries that have provided assistance in
tracking down absconders," Wang warned.
He suggests a potential solution in the form of a "compensation
and benefit sharing system," which could include the setting-up of
a special fund using retrieved money and/or assets to reward
persons or organizations that might have played key roles in the
retrieval.
Nevertheless, Wang pointed out that the most effective
anti-corruption measures would be to maintain a database of
officials and all their property and assets, and to conduct regular
audits on officials.
Wang's team has also been tasked with studying measures
contained in the UN Convention Against Corruption and localizing
them. China signed the convention on December 10, 2003 and ratified
it on October 27, 2005.
The team will submit its research results within the next three
years.
(China.org.cn by Wang Qian, June 21, 2006)