界定腐败及其法律控制

Z. Hamin, Z. Elias, Habiba H. Omar
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引用次数: 1

摘要

腐败或贪污是一个无处不在的问题,影响着世界上许多国家。这是发达国家和发展中国家都面临的一个困境,可能会带来经济、社会文化和政治方面的影响。包括马来西亚在内的大多数国家目前都在概述打击国内腐败的举措。从一项正在进行的研究中得出,本文旨在概述有关腐败及其对国家和社会影响的不同概念的文献。本文还探讨了为腐败行为辩护的交往行为理论。此外,通过整合社会契约理论分析了可接受和有效的反腐败措施的制定和实施。本文认为,在当前充满挑战的世界中,定义腐败的概念并了解其原因是有问题的,因为各种行为者的定义各不相同,而且社会中可能参与非法行为的行为者众多。此外,不以实际腐败程度为基础的腐败衡量也存在问题。腐败可能发生的各种情况以及更广泛的经济、政治和社会文化相互作用和影响使这种困境进一步复杂化。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Conceptualising corruption and its legal control
Corruption or graft which is ubiquitous is a problem that affects many nations around the world. It is a quandary of both developed and developing nations that could bring about economic, social-cultural and political implications. Most countries, including Malaysia is currently outlining initiatives in stamping out corruption in the country. Drawn from an ongoing research, this paper aims to highlight an overview of the literature on the different conceptions on corruption and its effect on nations and societies. The Communicative Action Theory which would justify the act of corruption will also be explored. Additionally, the creation and the implementation of acceptable and effective anti-corruption measures is analysed through the Integrative Social Contract Theory. The paper contends that in the current challenging world, defining the concept of corruption and understanding its causes is problematic due to the variety of definitions from various actors and the numerous actors that could be involved in the illegal practices within the society. Also, the measurement of corruption that is not based on the magnitude of the actual level of corruption is also problematic. The predicament is further complicated by the variety of contexts in which corruption could occur and also the broader economic and political and socio-cultural interplay and implications.
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