人民检察院依法对贪污贿赂、渎职侵权等国家工作人员职务犯罪直接立案侦查，并代表国家向人民法院提起公诉。检察机关接受贪污贿赂、渎职侵权犯罪的举报和有关部门移送的案件后，及时对举报线索和案件材料进行审查和初步调查，有犯罪事实并需要追究刑事责任的，依照程序对案件立案侦查，依法查明犯罪嫌疑人的犯罪事实。案件侦查终结后，根据查明的事实和证据，依法作出处理，其中对犯罪事实已经查清，证据确实、充分，依法应当追究刑事责任的，由人民检察院反贪污贿赂、反渎职侵权部门移送公诉部门审查后向人民法院提起公诉。2003年至2009年，各级人民检察院共立案侦查贪污贿赂、渎职侵权案件24万多件。在惩治受贿犯罪的同时，中国完善行贿犯罪档案查询系统，加大惩治和预防行贿犯罪力度。2009年，对3194名行贿人依法追究了刑事责任。
人民法院作为国家审判机关，依法独立行使审判权。在中国，未经人民法院依法判决，对任何人都不得确定有罪。对于检察机关依法提起公诉的贪污贿赂渎职等腐败犯罪案件，人民法院依法进行审理，按照罪刑法定、法律面前人人平等、罪责刑相适应的原则定罪量刑。除涉及国家秘密、商业秘密、个人隐私和未成年人犯罪外，人民法院审判案件一律公开进行，并保障诉讼参与人依法享有诉讼权利，保证被告人充分行使辩护权。在审判腐败犯罪案件的过程中，人民法院坚持对任何人犯罪在适用法律上一律平等的原则，不论腐败分子现任或曾任职务多高，只要构成犯罪就依法定罪处罚，既不允许其有超越法律的特权，也不因为其特殊身份和社会压力就加重处罚。
The people’s procuratorates can, in accordance with the law, directly file cases of job-related crimes committed by state func-tionaries for investigation, such as embezzlement, bribery, derelic-tion of duty and infringement on citizens’ rights, and initiate public prosecution to the people’s courts on behalf of the state. Accepting reports on such crimes and cases transferred from relevant depart-ments, the procuratorial organs launch timely examinations and initial investigations of the clues of the reported crimes and materials re-garding the cases. For those cases in which criminal facts are evident and criminal liability needs to be prosecuted, the procu-ratorial organs file them for investigation in accordance with legal procedures, and ascertain the criminal facts of the suspects in ac-cordance with the law. Following the conclusion of investigation, the procuratorial organs shall deal with them in accordance with the law on the basis of ascertained facts and evidence. For those cases of which there are verified facts and ample evidence and for which criminal liability needs to be prosecuted in accordance with the law, the departments of the people’s procuratorates deal-ing with embezzlement, bribery, dereliction of duty and in-fringements on rights shall transfer them to the departments in charge of public prosecution for examination before the latter ini-tiate legal proceedings in the people’s courts. From 2003 to 2009, the people’s procuratorates at all levels filed for investigation more than 240,000 cases of embezzlement, bribery, dereliction of duty and infringements on rights. Battling the crime of taking bribes, China has improved a database on criminal records of bribery, and intensified efforts in punishing and preventing crime of bribery. In 2009, some 3,194 people were punished for their criminal li-ability in offering bribes.
As the judicial organs of the state, the people’s courts exercise juridical power independently in accordance with the law. In China, no person shall be found guilty without being judged as such by a people’s court in accordance with the law. For cases of corruption that the procuratorial organs have initiated legal proceedings in accordance with the law, such as embezzlement, bribery or derelic-tion of duty, the people’s courts shall try them in accordance with the law and make sentences in line with the principles of prescrib-ing punishments for specified crimes, equality of all before the law, and compatibility of crime, responsibility and penalty. All cases handled by the people’s courts shall be heard in public, except for those involving state or business secrets, privacy or minors. The people’s courts shall safeguard the procedural rights to which par-ticipants in the legal proceedings are entitled by law, and ensure that the accused enjoy fully the right of defense. During trials of corruption cases, the people’s courts shall adhere to the principle that all are equal before the law, no matter how important the posts those are accused of committing corruption hold or used to hold. Anyone whose acts of corruption constitute crimes shall be convicted and punished in accordance with the law. No privilege beyond the law is permissible, nor should the punishment be ag-gravated beyond the maximum prescribed by law because of their special social status or pressure from the public.
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