Gotowa bibliografia na temat „United Nations Convention against Corruption (2003)”

La Convention des Nations Unies contre la corruption, adoptée en 2003, est le premier outil international criminalisant la corruption de façon aussi détaillée. Ce mémoire tente d'évaluer sa portée en analysant les dispositions concernant la prévention, la criminalisation, la coopération internationale et le recouvrement d'avoirs. Il tente d’évaluer la pertinence et l'efficacité de la Convention en illustrant ses défis en matière de conformité, pour ensuite étudier d'autres outils internationaux existants qui lui font compétition. Malgré sa portée élargie, il est débattu que la Convention souffre de lacunes non négligeables qui pourraient restreindre son impact à l'égard de la conduite d'États Membres.<br>The United Nations Convention Against Corruption (adopted in 2003) is the first global in-depth treaty on corruption. This work attempts to assess its significance by analyzing its provisions, in particular concerning the areas of prevention, criminalization, international cooperation and asset recovery. It then seeks to assess its relevancy and effectiveness by giving an overview of the Convention's main compliance challenges, as well as other existing initiatives that tackle corruption. Although the Convention innovates in many respects, it is argued that it also suffers from weaknesses that cannot be overlooked, preventing it from having a real impact on States' behavior.

碩士<br>國立臺灣海洋大學<br>海洋法律研究所<br>106<br>The purpose of this study is to study the purpose of this paper. This is based on the requirements of the "United Nations Convention against Corruption" and the "United Nations Anti-Corruption Convention Implementation Act". The government should deal with corruption and bribery among the private sector, take related measures, and deliberately engage in bribery and bribery to obtain unjustified benefits and identify crimes and take criminal sanctions. In order to examine the current legal deficiencies in the implementation of anti-corruption laws in the private sector in Taiwan,Investigating the problems of decentralized integration of powers and authority and other issues, trying to propose a solution or improvement direction. This study finds that in the past, it focused on the prevention and control of corruption in the public sector. Since the publication of the UN Anti-Corruption Convention, it gradually came to be known that the anti-corruption behavior of the private sector should be considered a crime, especially private. Inter-branch bribery. While the implementation of anti-corruption prevention and control work by the private sector in Taiwan is still in its infancy, the effectiveness of anti-corruption protection in the private sector still needs to be improved. The reasons for this include strategic planning. The Agency Against Corruption , Ministry of Justice （AAC） emphasizes the anti-corruption strategy of the public sector. The private sector's anti-corruption measures have failed to adopt a more active strategy of prevention. The anti-corruption strategy planning fails to incorporate and integrate the complete private sector; the lack of private sector bribery related anti-corruption policies. Corruption laws prevent the private sector from bribery and corruption; lack of private sector charity notice protects the law and protects internal whistle-blowers; the AAC's rank is too low, and independent diametrically exercising its powers is questioned. As far as enforcement practices are concerned, the AAC and the Investigation Bureau, Ministry of Justice investigate the extent of anti-corruption work overlap. The powers are not unified. The AAC has not actively conducted anti-corruption investigation and control of the private sector; it has not been able to form a public-private sector anti-corruption awareness. Based on the research findings, we proposed that Taiwan’s specialized agencies handle the private-sector anti-corruption and anti-corruption proposals. First, the government must demonstrate the determination of the private sector to fight corruption. The government should change its past focus on the anti-corruption strategy of the public sector and change its The private sector focuses on anti-corruption strategies and reviews the private sector anti-corruption related laws and regulations in a comprehensive manner. Are there any cases of non-compliance, lack of disclosure, etc., the development or amendment of laws and regulations, and the investigation and advocacy of anti-corruption cases in the private sector? Corruption is determined by will. Second, the development of private sector bribery-related anti-corruption laws, the current practice of bribery against the private sector, there is no law can be punished, the development of private sector bribery-related anti-corruption laws is a top priority. Third, the private sector public interest notice protects the law to encourage people inside the private sector to learn about corruption and illegal corruption. They are willing to act rashly to show wrongdoing so that those who commit corruption in the private sector can be sanctioned by the law. The person is properly protected. Fourth, enhance the integrity of the AAC, integrate anti-corruption work, strengthen the power of supervisory checks and balances, and supervise the independent exercise of its powers. The AAC integrates anti-corruption prevention and control strategies, promotion and investigation work of the public and private sectors, and integrates and utilizes resources. Enhance Taiwan's anti-corruption anti-corruption prevention strategy and promote effectiveness. The AAC strengthens the supervision and balance of power Through its "Integrity Commission" to set up an "information panel", to strengthen the system of "arresting prosecutors," to set up an "Anti-Corruption Advisory and Advisory Committee," and to establish an internal oversight mechanism to carry out checks and balances.The Independent Commission Against Corruption (AAC) has stepped up its ranks and is directly responsible to the President and the independent body of the Legislative Yuan to ensure that the AAC will not be harassed by higher administrative authorities and maintain administrative neutrality without intervening in disputes among political parties in order to establish the independence of the Independent Commission Against Corruption. Through this study, the proposed proposal hopes to provide a reference for the anti-corruption and anti-corruption agency, the Independent Commission Against Corruption, in the planning, promotion and investigation of anti-corruption strategies in the private sector in the future. Strengthening and formulating laws on corruption in the private sector and the Protection Law on Debts from the Private Sector will enable Taiwan's anti-corruption laws to be more complete, and private sector personnel will not be greedy, unwilling to be greedy, and dare to defraud in order to achieve "great greed for the private sector." The goal of zero tolerance of corruption makes our country truly a clean, fair and economically competitive country.

碩士<br>國防大學<br>法律學系<br>106<br>The public consider that corruption is just related to the public service department. However, Germany, England, the United Nations Anti-Corruption Convention, and the International Transparency Organization define the range of corruption not only in the public service department but also in the private sectors. Taiwan mainly focuses on the prevention against the corruption in the public service department. Take the bribery as an example, our laws and regulations punish the accepting bribes who violate the Anti-Corruption Act. And the proportion of guilty charge to the offering bribery is out of balance. The environment in the public service department has changes from the “bureaucratic guidance type” to the "private guidance type", that is the influence of the privately owned business on the government is on the rise, which should be severely punished or the charges is equivalent to civil servants. The study will survey the intact and integrity of the regulations and acts on offering bribery in Taiwan. We discuss the existing regulations against bribery in the public service department, such as official act and Quid Pro Quo on laws, and how to define or classify. On the other way, we further discuss the characteristics of the offering bribery, the crime between the relationship of offering and accepting bribery, only be limited to the official act, and whether the bribery test is a crime. In accordance with to connect with the international communities, the core is offering bribery on the relevant provisions of the United Nations Anti-Corruption Convention, and the other measures, foreign legislation to discuss the imperfect in Taiwan. Especially after Act of the implement United Nations Anti-Corruption Convention has been enacted, it is necessary to review our laws and regulations, and how to enact to our laws system under the influence of the Convention on the trading in influence and commercial bribery in order to against the public and private departments. By integrating and intact act to strengthen corporate governance, enterprise social responsibility and the integrity, it makes the corporation to continuous operation. Further, it will make the chance of the offering bribery reduction and increase the integrity of the government and competitiveness of the business.

碩士<br>世新大學<br>法律學研究所(含碩專班)<br>105<br>There are legislations for public official’s corruption crime in Chapter IV Offences of Malfeasance in Office of Criminal Code and Anti-Corruption Act, but there are still criticisms about related legislations from law circle and judicial practice. When the party in power or ruler has changed, there will be misgivings about profiteering certain constructions or cases of some enterprises and it will cause unstable society politics and negative thinkings about social costs, such as enrichment by collusion, giving undercover payments of corruption and unqualified constructions due to rebates. This paper will survey related regulations and explore associated clarity and proportionate punishment. To gear international anti-corruption awareness, United Nations Convention Aaginst Corrution (UNCAC) is the most completed agreement amoung anti-corruption agreements and every country is devoting itself to preventing corruption. Act to Implement United Nations Convention against Corruption (AIUNCC) has been promulgated by our country and UNCAC has made specifications for subjects, objects and types of actions including public official’s corruption, embezzlement, larceny, diversion, trading in influence and abuse of power. This paper will discuss whether our country has already made corresponding regulations. This paper concludes that special Criminal Code is necessary and suggests that AIUNCC should be implemented. In addition to AIUNCC, the complement of this paper should bring reference or research basis for regulations of corruption made by law circle or judicial practice.

碩士<br>國立臺北大學<br>公共行政暨政策學系<br>107<br>The study focuses on the current promotion of anti-corruption policy from the perspec-tive of policy marketing, highlighting the part in relation to the United Nations Convention against Corruption. The studying questions are as follows: 1. What are the perceiving channels for public servants to the policies addressed United Na-tions Convention against Corruption? 2. Are there significant differences between the correct cognition and the individual charac-ters of the public servants regarding the United Nations Convention against Corruption? 3. Are there significant differences between the acceptance and the individual characters of the public servants regarding policies in relation to United Nations Convention against Cor-ruption? The research method of the study is the through the usage of literature analysis and ques-tionnaire survey. Questionnaire targets are public servants from central and local authorities. Recovered questionnaires are then analyzed using SPSS statistical software, along with statis-tical approaches such as descriptiveness, t-test, and one-way analysis of variance. It is ex-pected that matters to be improved regarding the communication channel between policy con-veyer and policy receiver may be found through information from the questionnaire. The research findings of the study are as follows: 1. Traditional publicity and promotional activities organized by the authorities are still the primary sources for public servants to receive policy information. 2. There is no correlation between attitude in political acceptance and attitude in policy ac-ceptance. 3. Young and the middle-aged groups place more emphasis on the differences between the policy perceiving channels. 4. Public servants with college/university education background are more familiar with the Convention. It is hoped that through the study an increase in the effectiveness and comprehensibility of anti-corruption policy as it is applied to the targeted group may be achieved.

碩士<br>國立臺灣大學<br>國家發展研究所<br>107<br>The United Nations Assembly adopted the United Nations Convention against Corruption (UNCAC) on October 31, 2003, which came into force on December 14, 2005. The goal of which is to instruct and provide anti-corruption laws and policies to governments with its content covering the preventive measures, conviction, law enforcement, and international cooperation against corruption, recovery of illegal assets, and implementation mechanism of the Convention to facilitate all countries devotion to the anti-corruption issues. Taiwan’s government stipulated and promulgated the Act to Implement United Nations Convention against Corruption on May 20, 2015, and the Executive Yuan stipulated the enforcement date as December 9, 2015. In the Act, Article 2 expressly provides that the provisions contained in the United Nations Convention against Corruption have domestic legal status. To have a general observation on Taiwan’s anti-corruption system and measure in accordance with the corruption prevention framework established by the United Nations Convention against Corruption, the research focuses on the provisions concerning public sector corruptions in the second chapter of the United Nations Convention against Corruption, “Preventive Measures.” It first explores the content of public sector corruption prevention measures, policies and legal framework, advised implementation, and the compliance of the review standard of the Convention as stipulated in the United Nations Convention against Corruption. Then, the research conducts an overall review of Taiwan’s system of anti-corruption preventive measures and its operation and examine and compares the implementation thereof and flags the part where the implementation is incomplete, to understand the shortfalls of Taiwan’s implementation thereof. Through such inductions, the research also reviews the implementation in “stipulating anti-corruption policy based on data”, “open government and public participation,” and “independency of the anti-corruption agency” of other countries as leverage. For the shortfalls of Taiwan’s anti-corruption work, the research proposes suggestions that are categorized as “establishing a systematic database of anti-corruption related data”, “firm control on corruption risks”, “strengthening external participation”, “re-ensuring the independency of Agency Against Corruption and integrity policy units”, “continuous reinforcement of government procurement system”, “promotion of the enactment of whistleblower protection act”, which include, “proactive evaluation on the effectiveness of anti-corruption measures”, “promoting government agency ethics evaluation”, “analyzing corruption risks information and publishing the reports regularly”, “stipulating special procedures for high risk government positions”, “specifying a dedicated agency for promoting the freedom of government information laws”, “engaging civil society in the autonomous operation of promoting anti-corruption”, “including external participation in the implementation of ‘National Integrity Building Action Plan’”, “continuously developing the function of public policy participation through the Internet platform”, “rethinking the design of corruption investigation organizations”, “increase the budget.” These are to urge our government to connect with the current global trend of anti-corruption and the international legal system in order to more effectively prevent and remove corruption.

Magister Legum - LLM<br>Several international instruments relating to the forfeiture of assets derived through unlawful means have been developed in the last decade. These relate to both civil and criminal forfeiture proceedings. Nevertheless, the processes of tracing the assets and having them forfeit to the State present formidable obstacles to justice authorities enforcers around the world. The fact of the matter is that the advent of the internet has made it easier for money launderers to camouflage the nature and the physical locality of their ill-got gains. This has made it all the more necessary for states and financial institutions to co-operate more closely in hitting the criminals where it hurts most – their pockets. However, the international structures that provide for mutual legal assistance procedures are drafted in broad terms or in guideline-form. Most of the books and journal articles dealing with money laundering devote scant attention to this very important aspect of combating transnational economic criminality. In most of the literature, this topic is simply avoided. This paper, which confines itself to civil recovery proceedings, strives to determine first, what international mechanisms are available for obtaining information located abroad that could be used for domestic civil forfeiture, and second, to identify some of the most intractable problems encountered by justice authorities in their attempts to attach property situated abroad. The idea is to identify the principal point of discordance, and to suggest ways in which the international instruments governing civil forfeiture could be amended so as to make them more user friendly.