中國大陸貪腐問題之研究：以遠華案為例

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Title:	中國大陸貪腐問題之研究：以遠華案為例
Other Titles:	A study on corruption in China : based on the Yuanhua case
Authors:	季潤南;Ji, Ren-nan
Contributors:	淡江大學中國大陸研究所碩士在職專班李志強;Li, Chi-keung
Keywords:	制度性腐敗;Systematic corruption;人際工程學;第一把手審批權;形象工程;威權治理;Human-relation engineering;First hand;Right to try;Image engineering;Authoritarianism
Date:	2007
Issue Date:	2010-01-10 23:24:52 (UTC+8)
Abstract:	中國大陸改革開放已28年，初始10年的鄧小平路線，一切從實際出發，強調「實際是檢驗真理的唯一標準。」確實一新世人耳目；但市場化改革日久，社會風氣逐漸敗壞，地方貪腐橫行，1990年代以後，中國大陸已日漸形成「制度性腐敗」。遠華案主角賴昌星八面玲瓏：透過人際工程學（銀彈加肉彈花錢邀高層、借錢付高息）結識中央、地方權貴、機要；又以極靈活的手腕，扮演雙面諜、誘捕我方情報局前香港站站長葉炳南等人立功中共國防局；三以合法掩護非法，透過黑社會組織公司化勾結黨務、政務、金融、司法、工商、稅務、土地總理部門、走私780億人民幣；四以公開掩護私密，利用中共國安系統的人脈、金脈，事前聽到風聲，得以逃離中國大陸，避居加拿大。如此電影般的情節，的確令人匪夷所思。本論文欲透過上述故事情節，試圖探討中共反腐政策的機制是否有效？能否在一定程度內，達到懲劣肅貪的工作目標。今日中共高層確有反腐肅貪的決心，在技術上，預防、宣導、賞罰並重，亦有共識；但只要中國大陸地方上一把手握有審批權，形象工程高於一切、司法不能獨立、媒體監督未能成形，即便新設貪污腐敗局，反腐工作仍是枉然。觀北京、天津、上海、重慶四大直轄市紀檢委書記，已由中共中央指派，確實是一項進步的變革，但若不脫離個人威權治理、不從制度上設計有效監督之配套機制、中共反腐之功效未必樂觀；意即懲貪肅貪，絕非效忠個人領導之事，乃忠於國家、忠於工作，方是有效制約的長久之計。 Since China saw itself open to the world 28 years ago, the country spent the first 10 years following DENG Xiaoping’s line, in which pragmatism played the key role in the new direction by highlighting the motto of Being matter-of-fact is the only standard to measure truth. The new waves did surprise the world. The new line, however, has its down side too. As the country sees more and more fraudulent practices, the overwhelming corruption after 1990 is becoming systematic. The well-connected LAI Xingchang, now convicted in the Yuanhua Case: While taking advantage of the so-called human-relations engineering (entertaining senior officers with women plug money, paying high interest for loans) for access to both central and local authorities and key persons; LAI played his double-spy role in a skillful manner to have YEH Bingnan, former chief of Taiwan’s Intelligence Bureau Hong Kong Station, among others, trapped to win his credit before China’s national defense authorities. Further, working on his legal identity, LAI was involved in illegal operations when he had China’s Communist Party, administrative, financial, judiciary, industrial and commercial, fiscal and land agencies involved in smuggling worth more than RMB$78,000,000,000. In the fourth place, LAI successfully kept his wrongdoings secret thanks to his connections in China’s national security systems with money and once he was informed of unfavorable actions, LAI found himself on way to Canada. This story that could only be available in movies is beyond everyone’s imagination. This dissertation intends to, based on the story given above, discuss whether the anti-corruption effort waged by China is working and if it would meet its objective of punishing the malignant and eradicate corruption to an acceptable level. As China’s top management is determined to eradicate and fight corruption agreed on preventive, campaign, punitive as well as incentive among other technical measures, its local authorities with right to try, worshiping image engineering plus the lack of independent justice and the media’s failure to monitor everything, the anti-corruption effort would not be productive by opening new anti-corruption offices. While it is a major step forward that Beijing, Tianjin, Shanghai and Chonqing, the 4 special cities in China, have their Disciplinary Committee chiefs designated directly by the central government, the overwhelming authoritarianism and the lack of effective monitoring systems would prevent China’s effort from becoming productive. That is to say, fighting corruption is not about being loyal to individual leadership, it is about being loyal to the country and to the job, or no efforts would last long.
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