清除腐败赖品德———兼论法律作用的有限性

腐败有掌权者腐败和机构腐败之分。掌权者腐败具有“行为的个别性”和“明显的不合理性”的特点。机构腐败也有两个显著特点：（1）它是机关行为或一定权力系统的行为，没有具体的责任人；（2）它的不合理性不十分明显，人们对它常常不能形成稳定一致的是非评价。由于腐败与执法的同源性、权力的不受惩罚性、反腐败的法令只能由不腐败的权力创制等原因，对腐败无法像对其他犯罪那样通过严格执法来实现治理目标。在民主政治下，根治腐败的根本出路是贯彻品德原则，建立对官员的品德评价系统。品德评价系统是依据品德标准对公职人员实施辞退、罢免、撤换的政治评价系统。这个系统由执法权自洁系统、监督系统和以公众为力量源泉的基础系统等构成。

Fighting Against Corruption with Character ---With Discussion on the Limited Function of Law

Corruption may be divided into power-holder corruption and institution corruption. Power-holder corruption is an individual behavior and is apparently unreasonable. While institution corruption is usually a behavior carried out by an institution or certain lines of authority without a responsible person. And it does not show a clear unreasonableness. People usually do not have a stable and unanimous view on whether it is right or wrong. It is im- possible to end corruption by strict enforcement of law like what we have done to other crimes. This is because, first, the power leads to corruption and the power to enforce law are the same power; second, the power, even a corrupted power, cannot be punished; third, anti-corruption law can only be enacted by non-corrupt legislative power which is difficult to fulfill. Therefore, under democracy, the fundamental way to end corruption is to advocate character and establish a character evaluation system on officials. Character evaluation system is a political evaluation system which decides dismissal, recall or replacement of certain public servant based on the criteria of character. The system is composed of a self-cleaning system within the law enforcement power, a surveillance system run by the legislative power and a guarantee system supported by the public.