总统权力争夺:蒙古的腐败和民主倒退

蒙古民主制陷入困境。On March 26,President Khaltmaa Battulga拟议的紧急立法that would grant the presidency unprecedented powers to dismiss members of the judiciary,the prosecutor general,以及国家反腐败机构负责人(反腐败独立机构,188bet appor IAAC).一天之后,议会批准了这项立法by a vote of 34-6 (with 36 members of parliament either absent or abstaining),尽管巴图尔加总统来自民主党,而竞争对手蒙古人民党(MPP)控制着议会。Technically the law doesn't grant the dismissal powersdirectly to the president,但与其说是由总统组成的三人国家安全委员会(NSC),不如说,prime minister,and speaker of parliament,and an oversight body called the Judicial General Council.但是巴图尔加总统统治着国家安全委员会,亲自任命司法总理事会的成员,giving him effective authority to remove Mongolia's judges and chief law enforcement officials at will.Sure enough,promptly after the law was passed,巴图尔加驳回了head of the IAAC,theChief Justice最高法院,and the prosecutor general.

This new legislation,a crippling blow to Mongolian democracy,has its origins in corruption,and corruption is likely to be its effect.President Battulga induced parliament to grant him such extraordinary powers by claiming that he alone can really take on Mongolia's severe corruption problem.In hisstatement to parliamentintroducing the new legislation,Battulga alleged that the country's law enforcement leaders were "part of a conspiracy system" that "fabricat[ed] criminal cases with a political agenda" while covering up others.The president pointed to Mongolia's numerous unresolved corruption scandals to argue that the institutions of justice were "serving the officials who nominated and appointed them" rather than the public,and he argued that reducing the independence of the judiciary,检察机关,IAAC将使这些机构对打击腐败的大众意愿作出更积极的反应。

巴图尔加总统声称蒙古拥有corruption problem严肃的,也许是流行病,proportions.蒙古人定期名单corruptionas one of the country's biggest issues (second only to unemployment in a 2018 survey) and政治体制如议会和政党中最腐败的实体。The past few years have been especially scandal-plagued.During the 2017 presidential campaign,all three candidates面临腐败指控;most egregiously,the MPP candidate—who,直到January 2019,served as speaker of the Mongolian parliament—was caught on video discussing a plan to sell government offices in a $25 millionbribery scheme.Further,2018年末,journalists discovered that numerouspolitically-connected Mongolians,including somewhere from23to49在75名在任议员中,一直把为中小型企业提供资金的政府项目当作个人储蓄罐,从低成本贷款中获得超过一百万美元。除了这些丑闻,Mongolia's poor enforcement record compounds its corruption problem.For example,in 2015,only7%的病例IAAC调查的结果是定罪,2018年,IAAC的公共批准空前低.

But is there any reason to believe that President Battulga is right that giving him greater personal control over law enforcement and the judiciary will lead to less corruption?All the evidence points to no:

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吉尔吉斯斯坦取消对前总统的豁免权并不能赢得反腐败的胜利。

Last October,the Supreme Court of Kyrgyzstan ruled that Kyrgyzstan's law granting legal immunity to ex-presidents wasunconstitutionalon the grounds thatArticle 16of the Kyrgyz Constitution makes all people equal before the law.因为吉尔吉斯斯坦豁免法是世界上最广泛和最具保护性的法律之一,those of us who care 188bet appabout corruption might cheer this ruling as a win in Kyrgyzstan's fight against corruption.然而,viewed in context,the ruling portends problems for Kyrgyzstan's nascent democracy and may even be counterproductive in the fight against corruption itself.

许多国家都有前总统豁免权制度。The downside of such laws—which exist throughout Central Asia and in countries as diverse as布隆迪法国and Uruguay那是,by making it difficult or impossible to prosecute a former president,these laws eliminate one of the most important deterrents to executive corruption.Kyrgyzstan's law was especially problematic in this respect,由于给予前总统的豁免权异常广泛,不仅涉及前总统履行其公务的行为,but任何任期内的行为;with no exceptions even for high treason or other grave crimes.吉尔吉斯斯坦豁免法也保护了前总统的财产,除了起诉,它还阻止了搜查和审讯,thus stymying investigations even where the ex-president was just a witness.For these reasons,getting rid of the immunity law might seem like a step forward in the fight against corruption.

然而,laws that grant immunity to ex-presidents also have an upside,especially in authoritarian states or fragile democracies.这些法律可以缓和和鼓励和平的政治过渡,because with no threat of prosecution,a sitting president may be more willing to peacefully cede power.因此,人们可能担心最高法院的决定对吉尔吉斯斯坦刚刚起步的选举民188bet app主的影响。考虑到最高法院作出判决的政治背景,这些担忧是有根据的。

为了理解为什么需要了解吉尔吉斯斯坦最近发生的政治事件,and in particular how the Supreme Court's invalidation of the ex-presidential immunity law appears to be part of a larger campaign by the current President to suppress political opposition led by his predecessor:

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The Case for State-Level Anticorruption Prosecutions in the U.S.

In the United States,联邦政府司法部(DOJ)在起诉州一级的公共腐败方面发挥了巨大作用:在过去五年中,联邦检察官已经获得了大约1,700 corrupt state and local officialsfor corruption-related offenses.例子包括著名和强大的人物,如Sheldon Silver,the former Speaker of the New York State Assembly,to low-level functionaries likeEloy Infante and Elpidio Yanez,年少者。,唐娜学校董事会前两名成员,Texas.

The federal government's primacy in prosecuting state and local corruption is no accident.20年代美国执法的一个故事世纪,especially though not exclusively in the anticorruption context,是expanding role联邦政府,an expansion that was in part a reaction to the perceived国家执法的不足.Most states in the U.S.二者择一检察官法官,and concerns that these elected officials were under-resourced,incompetent,partisan,or captured by local influence-peddlerscontributed to the riseof federal criminal law enforcement.The federal government's role in prosecuting state and local corruption blossomed七十年代,与美国地区Attorney's offices taking the lead,supported by a new DOJ Public Integrity Section in Washington,直流电The U.S.与当地执法部门相比,律师事务所被认为更独立,更不容易被抓获,were generally better resourced than their state and local counterparts,and were able to focus those resources on picked cases.

This system has worked well and achieved considerable success.许多人辩称,联邦政府在起诉州和地方腐败方面的核心作用有助于打破亚国家级腐败政治机器的束缚。但是今天,it's important for state prosecutors to do more to supplement,and in some cases perhaps supplant,federal anticorruption prosecutions.如果20的故事century was a distrust of states to police their own politicians,the early 21stcentury story may be that we can no longer completely trust the feds to do it either.There are three main reasons why,going forward,我们可能需要越来越依赖国家:

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打击“一带一路”腐败符合中国的利益

“一带一路倡议”(BRI)2013中国国家主席习近平首次提出is a program through which China will spearhead the funding and construction of new infrastructure and trade networks across Eurasia and Africa.The centerpiece of the BRI is hard infrastructure: roads,railroads,ports,pipelines,and power plants.The scale of the proposed investment is immense:1兆美元for projects spanning75 countries.

The腐败风险in such large-scale infrastructure is also immense,but at least initially,the BRI ignored corruption.When China's National Development and Reform Commission (NDRC),the powerful government organ in charge of economic planning,发布了第一份综合声明principles and frameworkundergirding the BRI back in March 2015,anticorruption principles were nowhere mentioned,nor did the published framework include any anticorruption measures.A later,more详细政策文件,2017年出版,also failed to include any mention of anticorruption.这种姿态大体上符合中国的传统non-interference“外交政策,这使中国当局reluctantto go after overseas corruption.

最近,though,Beijing has begun to respond to the BRI's corruption risks.President Xi himselfurgedgreater international cooperation on anticorruption at the June 2017 Belt and Road Forum.In September 2017,China's Central Commission for Discipline Inspection helped organizea symposium“加强清洁带和道路国际合作”,去年12月,发改委和其他监管机构发布新规则governing overseas investment by private Chinese companies,including a prohibition on "brib[ing] local public officials,or personnel from international organizations or related enterprises." That same month,中国国有资产监督管理委员会新发布guidance这就要求国有企业加强反腐败合规程序。

These are steps in the right direction.The question is whether the government's newfound focus on corruption in the BRI is serious.怀疑主义者指出中国当局从未因外国贿赂起诉过中国公司或官员。Others suggest that the new regulations are more 188bet appabout控制中国对外投资而不是打击海外腐败。I'm somewhat more optimistic,though,that Chinese authorities are serious 188bet appabout tackling corruption in the BRI.In my view,认真对待BRI腐败符合中国政府的利益,原因有四个:

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