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BEIJING, China, Aug. 16 — China’s plan to introduce a law against cross-border corruption is a key step to improve the domestic anti-corruption legal system and also a crucial step to expand the country’s foreign affairs legislative tools, experts said.

Their comments came after the wording of the law was laid out in a resolution adopted at the Third Plenary Session of the 20th Central Committee of the Communist Party of China, which concluded in Beijing last month.

The resolution on further comprehensive deepening of reforms to promote China’s modernization provides guiding principles for several areas over the next five years. It calls for intensified efforts to advance the country’s anti-corruption legislation, revise the supervision law and draft a law to combat transnational corruption, which refers to corrupt acts committed by individuals or enterprises outside the country, experts said.

Xu Shuang, associate professor at the China University of Political Science and Law, said: “Considering that corruption at home and abroad is becoming increasingly intertwined, it is necessary to make such a law.”

She said China’s hunt for fugitives and recovery of ill-gotten assets is an international concern, stressing that a coordinated approach is needed to promote the rule of law at home and in matters involving foreign affairs.

“In other words, formulating the law is not only conducive to the prosecution of fugitives and improving our country’s domestic governance, but also part of global governance and the legalization of international relations,” Xu added.

Wang Xiumei, a law professor at Beijing Normal University, stressed the important role of the law, saying it will be a specialized and comprehensive piece of legislation in China’s fight against corruption.

According to Wang, transnational corruption includes premeditation and collusion before a corrupt act is committed, as well as transfer of assets or money laundering after the act has taken place.

“Therefore, while promoting the activities, the law will also help regulate the integrity of our country’s enterprises in international commercial activities, strengthen our law enforcement exchanges with relevant countries, and deepen our global cooperation in the fight against corruption,” Wang said.

“The bill will fill the gap in China’s prevention and punishment of transnational corruption and contribute to improving the anti-corruption legal system,” Wang added.

Wang stressed that it is important to refer to international rules, treaties and conventions when drafting the law. China’s national circumstances should also be taken into account, because the ultimate goal is to create a cross-border anti-corruption law with Chinese characteristics.

In addition, more efforts should be made in signing extradition treaties and judicial cooperation. More regulations should be adopted to supplement the law and ensure the integrity of enterprises, Wang added.

Tighter net of justice

According to associate professor Xu, if the law is passed, corrupt enterprises can be dealt with and their behavior abroad will also be regulated. This means that China’s net of justice in the fight against corruption is tightening.

China is a signatory to the United Nations Convention against Corruption, but the treaty and domestic criminal law documents currently mainly target corrupt officials, Xu said.

In September last year, drafting a law to combat cross-border corruption was listed as one of the key tasks in a legislative plan by the Standing Committee of the 14th National People’s Congress, China’s top parliament.

This means that a draft law is expected to be presented during the five-year term of the 14th Standing Committee of the National People’s Congress, which ends in 2027.

Yang Weidong, a law professor at the China University of Political Science and Law, said highlighting the law in both the legislative plan and the resolution “demonstrates China’s stronger determination and clearer goal of strengthening the fight against corruption through legislation.”

Yang said the implementation of the law, which would serve as a legal instrument to regulate the actions of Chinese individuals and companies abroad, would also enrich the country’s legal instruments in foreign affairs.

However, it will take some time before the draft law is made public, he added, because the international situation is complex and volatile and conducting investigations and gathering evidence abroad will not be an easy task due to differences between China and other countries in legal systems and concepts.

Experts praised the country’s efforts in recent years to pursue fugitives and recover stolen property, saying this successful experience could serve as a reference for the formulation of the law.

Official data shows that since 2014, about 9,000 economic crime suspects have been arrested and handed over to China by more than 120 countries and regions through the Fox Hunt operation, recovering about 49 billion yuan (US$6.85 billion) in assets.

The operation is part of the Sky Net campaign launched in 2015 by the Fugitive Repatriation and Asset Recovery Office of the Central Anti-Corruption Coordination Group. The campaign targets fugitives accused of corruption.

One of the priorities of this year’s Sky Net campaign, launched in March, is strengthening cross-border corruption governance.

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