On May 21, 2020, the Sino-Russian Online Symposium “Implementation of Anti-corruption Policies: China and Russia's Experience”, sponsored by KoGuan School of Law of Shanghai Jiao Tong University(SJTU), Shanghai School of Political Science and Law (SHPUL) , All-Russian State University of Justice and the Department of Communication and Cooperation of China Shanghai Cooperation Organization(SCO)’s Legal Service Committee, was successfully held online.
The symposium invited participants from Russia including but not limited to: Prof. Александровой О. И., President of All-Russian State University of Justice, Prof. Борис Викторович, Executive Vice President of All-Russian State University of Justice, Assco. Prof. Елена Борисовна of All-Russian State University of Justice, Prof. Илюшина М. Н. of All-Russian State University of Justice, Assco. Prof.Фоменко Е. В. of All-Russian State University of Justice, Assco. Prof. Маторина Юлия Николаевна of All-Russian State University of Justice. Participants from China include but do not limited to : Prof. Liu Xiaohong, President of SHPUL, Prof. Cheng Jinhua, Vice Dean of KoGuan School of Law, SJTU, Prof. Zhang Shaoqian of KoGuan School of Law, SJTU, Assoc. Prof. Xie Jie of KoGuan School of Law, SJTU, Assoc., Prof. Bai Langtao of School of Law, East China Normal University, Mr. Jiang Siyuan, Secretary of the Department of Communication and Cooperation of Legal Service Committee of SCO.
The opening ceremony of the symposium was presided over by Prof. Cheng Jinhua and Assco. Prof. Елена Борисовна. Prof. Борис Викторович and Prof. Liu Xiaohong delivered speeches on behalf of Russia and China respectively. Prof. Борис Викторович said it was the first time for him to hold an academic symposium through an online platform, and he was glad to strengthen academic communication with the help of technical development. Discussion around anti-corruption efforts progressed. It is of great significance to share the experience of China and Russia in fighting corruption and strengthening the cooperation between China and Russia. Prof. Liu Xiaohong introduced the history, main activities and positive role of the establishment of the Legal Service Committee of SOC. She also pointed out that corruption is an important issue in modern governance. Both China and Russia attach great importance to anti-corruption, constantly improve its anti-corruption legislation and policies, and strive to improve the level of national anti-corruption governance. Prof. Liu Xiaohong pointed out that this symposium will help China and Russia to exchange experiences and promote the development of anti-corruption and the rule of law.
In the first round of talks, Assoc. Prof. Bai Langtao of the Law School of East China Normal University shared how to identify anti-corruption crimes, including the identification of corruption and bribery in Chinese domestic law. Assoc. Prof. Bai Langtao focused on the analysis and discussion of whether the situation of officials' acceptance of property afterwards constitutes the crime of bribery. He discussed the theory of justice for official behavior and the theory of non-purchasable nature. In the proceeding discussion, Russian scholars raised questions about whether there are separate chapters or sectors in Chinese criminal laws and regulations and unit crimes in anti-corruption laws. Starting from the history of criminal law revision, Prof. Bai explained the evolution of the chapter setting of corruption crimes in China's criminal laws and regulations, and introduced the problems concerning unit crimes in general and in specific provisions.
In the second round of speeches, Assco. Prof.Фоменко Е. В. gave a report on the theme of "the concept of combating corruption and the main direction of preventing corruption in the context of the implementation of international anti-corruption convention and other normative legal documents". Starting from the international conventions on anti-corruption to which Russia is a party, Assco. Prof.Фоменко introduced the anti-corruption provisions and potential development direction of Russia in recent years, and then shared the promotion and implementation of the international conventions on anti-corruption in Russia. In the discussion session, Mrs. Никологорская Юлия Владимировна, Director of Personnel and Organization Management Department and Senior Legal consultant of Procuratorate of Moscow, provided several questions. The questions included the practical problems where the public officials or other corrupted subjects could not prove the legitimacy of their property capital sources and the space of supplementary legislation and strategies of practice to deal with such problems. Then, Prof. Zhang Shaoqian asked about bribery utilizing non-financial interests. Prof.Фоменко Е. В. gave detailed answers to both questions.
In the third round of speeches, Assoc. Prof. Xie Jie made a report on the subject of "Judicial Interpretation of Criminal Law of China's Anti-corruption Legal Practice: Mode, Experience and Prospects" based on theory and practice. Assoc. Prof. Xie Jie mainly introduced the development process of judicial interpretation of anti-corruption in China and introduced the identification standards in judicial interpretation of corruption and bribery cases. He then pointed out that the judicial interpretation of criminal cases of corruption and bribery issued in 2016 generates the phenomenon of raising the conviction and sentencing standards of crime of corruption and bribery, and explained the causes and effects of this phenomenon. In the discussion session, Mr. Козлов Дмитрий Олегович of the Russian Central Bank, raised the questions regarding China's criminal responsibility for bribery using cryptocurrency. Mrs. Шутова АльбинаАлександровна of All-Russian State University of Justice, raised the issue regarding the condition of international laws’ implementation in China's domestic law. Assoc. Prof. Xie Jie shared relevant researches and practical experience in China on the issues mentioned above.
In the fourth round of speech, Prof. Илюшина М. Н. gave a report on "Anti-corruption Legislation and Organizational Mechanism in the Supervision of Income and Expenditure of Public Officials and other Personnel in Russia's Legal System". Professor Prof. Илюшина М. Н. held the belief that anti-corruption policies shall not be limited to criminal law measures, because anti-corruption is a interdisciplinary legal issue. For instance, the expenditure supervision system in Russia for national public service and other personnel income is particularly relevant and important, which is not a criminal law mechanism. In the discussion, Mr. Смирнов Виктор Игоревич, senior legal adviser of an energy consulting company, proposed that assets purchased with illegal income need to be recovered and confiscated and whether there is a certain list of such assets prescribed in the laws or regulations, and if there is such a list, whether such a list cover all the matters. Prof. Илюшина М. Н. answered each question accordingly.
Prof. Zhang Shaoqian was the first speaker during the second half of the symposium. Prof. Zhang Shaoqian introduced the achievements of anti-corruption criminal rule of law in China in recent years with the theme of "Improvement of Anti-corruption Criminal Legislation and Judicial Development Since the 18th National Congress of the Communist Party of China". At the end of the speech, Prof. Zhang Shaoqian answered the questions raised by Assco. Prof. Маторина Юлия Николаевна, and shared the relevant experience of "Fox Hunt Operation.” and introduced the international laws and domestic legislation that have significantly contributed to the operation so as to obtain significant achievements in a short term. As for the question of Mr. Горбачев Сергей Александрович, a graduate student of All-Russian State University of Justice, Prof. Zhang Shaoqian gave his answer combining his own understanding of the prospect of anti-corruption measures taken by China. Then, Prof. Трофимов Е. В, Vice President of Scientific Research of All-Russian State University of Justice in Petersburg, made an academic report on the topic of "The Role of the U.S. FCPA in the World Anti-corruption Process". He also shared his understandings after this speech concerning his topic with all the participants.
In the last part of the discussion, experts and scholars from both China and Russia discussed various issues and topics including whether the protection of legal interests of bribery in Russian criminal law is fairness when conducting public duty or the non-purchasable nature of public duty itself; relevant corruption crimes (corruption, bribery, etc.) in Russian criminal law; whether there is a specific amount standard requirement for the identification of the crime.
The symposium was meaningful for its cross-jurisdiction approach and the participants had an in-depth discussion about the issues, which is of great significance for strengthening the exchanges and development of the rule of law for both China and Russia, especially for the improvement of anti-corruption governance capacity for both countries. Prof. Cheng Jinhua and Assco. Prof. Елена Борисовна, the main organizers of the conference, spoke highly of the achievements of the symposium.