法治反腐視野下的防止利益沖突制度研究
發(fā)布時間：2018-08-04 09:29
【摘要】：近年來,我國的腐敗形勢愈發(fā)嚴峻。十八大后我國進一步加強了對腐敗行為的治理,也取得了一定成效,但腐敗的治理進程依然任重道遠。通過對“前香港特首曾蔭權(quán)涉貪案”與內(nèi)地典型的腐敗案件對比研究之后,可以發(fā)現(xiàn)公職人員的利益沖突行為已經(jīng)成了治理腐敗問題的關(guān)鍵。防止利益沖突理論認為,腐敗和利益沖突關(guān)系密切,缺乏對公職人員的利益沖突行為的嚴格約束極易導致腐敗滋生。所以,要想有效的治理腐敗行為,必須防止公職人員的利益沖突。防止利益沖突理論一經(jīng)提出,便得到了廣泛的研究和應(yīng)用。理論和實踐也充分證明了防止利益沖突理論確實可以做到有效預(yù)防腐敗的發(fā)生,因此防止利益沖突理論作為預(yù)防腐敗的有力舉措,逐漸被世界各國所認可。我國目前正處在改革發(fā)展的關(guān)鍵時期,社會的長足發(fā)展需要一個清廉的政治環(huán)境,因此加強對防止利益沖突制度的構(gòu)建,對有效的治理腐敗,實現(xiàn)我國的廉政建設(shè)具有深遠意義。本文除去緒論和結(jié)語外,共四章。第一章,利益沖突與腐敗。首先通過“前香港特首曾蔭權(quán)涉貪案”與內(nèi)地典型的腐敗案件進行對比研究,分析得出內(nèi)地與香港地區(qū)在公職人員涉利益沖突行為的治理與懲戒方面的差異,繼而引出利益沖突在治理腐敗過程中的重要地位。對公職人員利益沖突的內(nèi)涵、類型等進行明確之后,著重對利益沖突與腐敗之間的關(guān)聯(lián)進行梳理。最后,探尋出健全防止利益沖突法律機制對于反腐的重要意義。第二章,我國現(xiàn)行防止利益沖突制度措施的梳理以及存在的問題。主要對我國現(xiàn)行防止利益沖突制度措施進行梳理,現(xiàn)行措施主要包括:規(guī)范離職公職人員從業(yè)行為、黨員領(lǐng)導干部報告?zhèn)€人有關(guān)事項、加強對配偶子女均已移居國(境)外的公職人員的管理、懲治公職人員利用職務(wù)便利為他人謀取不正當利益、公職人員的利益回避制度等。主要存在的問題包括:缺乏完善統(tǒng)一的專門法律法規(guī)、內(nèi)容規(guī)定缺乏系統(tǒng)性、現(xiàn)有制度執(zhí)行不到位等。第三章,香港地區(qū)及域外防止利益沖突制度的經(jīng)驗。主要對香港地區(qū)及域外防止利益沖突制度的經(jīng)驗進行總結(jié),主要介紹美國、加拿大、俄羅斯、香港等國家或地區(qū)在防止利益沖突制度方面的專門立法和配套制度中的先進經(jīng)驗。并通過對防止利益沖突制度的專門立法和具體制度構(gòu)建進行對比研究,凸顯出內(nèi)地防止利益沖突法律制度的缺失,最終探尋出我國在構(gòu)建防止利益沖突制度立法內(nèi)容與立法模式的啟示。第四章,建立健全防止利益沖突制度的對策。主要從制定防止利益沖突的專門法律、建立健全防止利益沖突的相關(guān)配套制度、推進各級監(jiān)察委員會的設(shè)立與完善、強化公職人員職務(wù)權(quán)力的制約和監(jiān)督對防止利益沖突的促進作用、加強廉政法治教育等方面進行具體對策的探討,從而為我國的防止利益沖突實踐提供一些理論指導和技術(shù)支持。
[Abstract]:In recent years, the corruption situation in our country is becoming more and more serious. After the 18th National Congress of the CPC, China has further strengthened the governance of corruption, and achieved certain results, but the governance process of corruption still has a long way to go. After comparing the former Hong Kong Chief Executive Ceng Yinquan corruption case with the typical corruption cases in the mainland, it can be found that the conflict of interest of public officials has become the key to tackle corruption. The theory of preventing conflict of interest holds that corruption is closely related to conflict of interest, and the lack of strict restriction on the behavior of conflict of interest of public officials can easily lead to corruption. Therefore, in order to effectively control corruption, we must prevent conflicts of interest of public officials. Once the theory of conflict of interest is put forward, it has been widely studied and applied. Theory and practice also fully prove that the theory of preventing conflict of interest can effectively prevent the occurrence of corruption, so the theory of preventing conflict of interest, as a powerful measure to prevent corruption, has gradually been recognized by countries all over the world. At present, our country is in the critical period of reform and development, and the rapid development of society needs a clean political environment. Therefore, we should strengthen the construction of a system to prevent conflicts of interest and effectively control corruption. It is of great significance to realize the construction of clean government in our country. In addition to the introduction and conclusion, there are four chapters. Chapter one, conflict of interest and corruption. First of all, through a comparative study between the former Hong Kong Chief Executive Ceng Yinquan Corruption case and the typical corruption cases in the mainland, the differences between the governance and punishment of conflicts of interest of public officials in the mainland and Hong Kong are analyzed. Then it leads to the important position of conflict of interest in the process of dealing with corruption. After defining the connotation and types of conflicts of interest of public officials, the paper focuses on the relationship between conflicts of interest and corruption. Finally, to explore the importance of improving the legal mechanism of preventing conflicts of interest for anti-corruption. The second chapter, the current system measures to prevent conflicts of interest and existing problems. The current measures to prevent conflicts of interest in China mainly include: standardizing the practice of retired public officials, reporting personal related matters by party members and leading cadres. To strengthen the management of the public officials whose spouses and children have emigrated to the country (territory), and punish the public officials to take advantage of their position to seek improper interests for others, and the system of public officials' interest avoidance. The main problems include: lack of perfect and unified special laws and regulations, lack of systematic contents and regulations, lack of implementation of existing system and so on. The third chapter is the experience of Hong Kong region and the system of preventing conflicts of interest. This paper summarizes the experiences of Hong Kong region and its extraterritorial system of preventing conflicts of interest, and mainly introduces the advanced experience of the United States, Canada, Russia, Hong Kong and other countries or regions in the special legislation and supporting system of conflict of interest prevention system in the United States, Canada, Russia, Hong Kong and other countries or regions. And through the comparative study on the special legislation and the specific system construction of the system of preventing conflicts of interest, it highlights the lack of the legal system of preventing conflicts of interest in the mainland. Finally, it explores the enlightenment of legislation content and legislative model in constructing the system of preventing conflicts of interest in our country. The fourth chapter, the establishment and improvement of the system of conflict of interest countermeasures. Mainly from formulating special laws to prevent conflicts of interest, establishing and perfecting relevant supporting systems for preventing conflicts of interest, and promoting the establishment and improvement of supervisory committees at all levels, How to strengthen the restriction and supervision of public officials' position power to prevent conflicts of interest, strengthen the education of clean government by law, etc. Thus provides some theoretical guidance and technical support for the practice of preventing conflicts of interest in our country.
【學位授予單位】：昆明理工大學
【學位級別】：碩士
【學位授予年份】：2017
【分類號】：D262.6
[Abstract]:In recent years, the corruption situation in our country is becoming more and more serious. After the 18th National Congress of the CPC, China has further strengthened the governance of corruption, and achieved certain results, but the governance process of corruption still has a long way to go. After comparing the former Hong Kong Chief Executive Ceng Yinquan corruption case with the typical corruption cases in the mainland, it can be found that the conflict of interest of public officials has become the key to tackle corruption. The theory of preventing conflict of interest holds that corruption is closely related to conflict of interest, and the lack of strict restriction on the behavior of conflict of interest of public officials can easily lead to corruption. Therefore, in order to effectively control corruption, we must prevent conflicts of interest of public officials. Once the theory of conflict of interest is put forward, it has been widely studied and applied. Theory and practice also fully prove that the theory of preventing conflict of interest can effectively prevent the occurrence of corruption, so the theory of preventing conflict of interest, as a powerful measure to prevent corruption, has gradually been recognized by countries all over the world. At present, our country is in the critical period of reform and development, and the rapid development of society needs a clean political environment. Therefore, we should strengthen the construction of a system to prevent conflicts of interest and effectively control corruption. It is of great significance to realize the construction of clean government in our country. In addition to the introduction and conclusion, there are four chapters. Chapter one, conflict of interest and corruption. First of all, through a comparative study between the former Hong Kong Chief Executive Ceng Yinquan Corruption case and the typical corruption cases in the mainland, the differences between the governance and punishment of conflicts of interest of public officials in the mainland and Hong Kong are analyzed. Then it leads to the important position of conflict of interest in the process of dealing with corruption. After defining the connotation and types of conflicts of interest of public officials, the paper focuses on the relationship between conflicts of interest and corruption. Finally, to explore the importance of improving the legal mechanism of preventing conflicts of interest for anti-corruption. The second chapter, the current system measures to prevent conflicts of interest and existing problems. The current measures to prevent conflicts of interest in China mainly include: standardizing the practice of retired public officials, reporting personal related matters by party members and leading cadres. To strengthen the management of the public officials whose spouses and children have emigrated to the country (territory), and punish the public officials to take advantage of their position to seek improper interests for others, and the system of public officials' interest avoidance. The main problems include: lack of perfect and unified special laws and regulations, lack of systematic contents and regulations, lack of implementation of existing system and so on. The third chapter is the experience of Hong Kong region and the system of preventing conflicts of interest. This paper summarizes the experiences of Hong Kong region and its extraterritorial system of preventing conflicts of interest, and mainly introduces the advanced experience of the United States, Canada, Russia, Hong Kong and other countries or regions in the special legislation and supporting system of conflict of interest prevention system in the United States, Canada, Russia, Hong Kong and other countries or regions. And through the comparative study on the special legislation and the specific system construction of the system of preventing conflicts of interest, it highlights the lack of the legal system of preventing conflicts of interest in the mainland. Finally, it explores the enlightenment of legislation content and legislative model in constructing the system of preventing conflicts of interest in our country. The fourth chapter, the establishment and improvement of the system of conflict of interest countermeasures. Mainly from formulating special laws to prevent conflicts of interest, establishing and perfecting relevant supporting systems for preventing conflicts of interest, and promoting the establishment and improvement of supervisory committees at all levels, How to strengthen the restriction and supervision of public officials' position power to prevent conflicts of interest, strengthen the education of clean government by law, etc. Thus provides some theoretical guidance and technical support for the practice of preventing conflicts of interest in our country.
【學位授予單位】：昆明理工大學
【學位級別】：碩士
【學位授予年份】：2017
【分類號】：D262.6
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