A Study On Issues Of Conflict Of Interest For Private Sector Under United Nations Convention Against Corruption

Including public area and private sector, conflict of interest is an important content of anti-corruption theory and practice. "In fact, there are lots of law used to fight corruption from the angle of legislation,...adjust conflict of interest, protect whistleblowers and complainers, control accepting gifts and entertainment, people who have sinned because of ethical behaviors are prohibited control or run for public office and obtain official...".There has been a consensus about the basic role and the significance of conflict of interest in international community. The Convention advocates each member to put more emphasis on conflict of interest what is best reflection. Conflict of interest involves two aspects, public area and private sector, private sector as the research object by this paper. Go into the background of conflict of interest for private sector, Europe and American and other developed countries and regions are more perfectly than Asia and Africa and other developing countries and regions. Although, there are specific provisions which are similar with conflict of interest scattered among party discipline and nation law, but most of its point to public area, the private sector has been iguored, just some institutions which is similar with conflicts of interest exist in individual economic laws and regulations, but not system engineering under guidance of conflict of interest, but is a remedial type practices. Until 2009 September, China has clearly stated to establish and to improve regulations of conflict of interest. the system has still sadly lacking.This dissertation is in such a international and domestic background, through the study on relevant elements and meaning of conflict of interet,contrast achievement of regulations of conflict of interest of major international orgazinations and nations and regions for private sector, investigates the current situation of regulation construction of conflict of interest for private sector, count on this basis, put forward the idea and reasons of regulation constrcture syetem about our country's conflict of interest for private sector.This dissertation consists of eight chapters, includes introduction, body and conclusion.Chapter one, "introduction".It mainly presents the background of the topic, the significance of the topic, current research results and researce methods. Chapter two, "study on meaning of congflict of interest and relevant elements about convention". Under the new situation of continuous development of anti-corruption in international community, meaning of conflict of interest should be questioned and challenged, emphasis of this chapter include meaning of conflict of interest, characteristic, principle, legislation, value target and theoretical basis. Particularly, author puts forward unique view of meaning of conflict of interest under the new situation.Chapter three, "origin of conflict of interest for private sector". The author observes the origin of conflict of interest for private sector throughout the historical development of conflict of interest. American "watergate" and Japan "lockheed commercial bribery" mark the form of institutionalization of conflict of interest for private.Chapter four, "study on existing state of conflict of interest for private sector" Existing state of conflict of interest for private sector is an important issue which can not be avoided. It is directly related to the definition of the scope of conflict of interest and countermeasures.This chapter deeply analyses existence condition from means of implementation of conflict of interest,consequences and participators, purpose is to describe the diversity and complexity of existing state of conflict of interest for private sector.Chapter five, "control measures for conflict of interest of private sector". The Convention open new field of conflict of interest for its care to conflict of interest of private sector.Author demonstrates it from the internal relations of conflict of interest with private sector as well as control measures, meanwhile, have a survey of major international organizations's, nations as well as regions's practice.Chapter six, "China's status quo of conflict of interest for private sector" In order to clearly understand and know our country's development status quo about conflict of interest for private sector, Better draw to the research achievements about the conflict of interest for private sector on convention, From the theory, practice and system construction, author summarizes and analyzes China's development status quo of practice and system about conflict of interest for private sector.Chapter seven, "thinking of our country's system construction of conflict of interest for private sector". In this chapter, base on the research achievements of the convention about conflict of interest for private sector, There is a thinking to China's system construction of conflict of interest for private sector from six aspects that is the great significance of private sector anti-corruption, take international convention convert into domestic law, the private sector anti-corruption into the system of punisment and prevention, making an independent Against Corruption Law which cover public area and private sector, highlight the extra-territorial effect of Against Corruption Law, constantly perfect the control measures of conflict of interest for private sector.Chapter eight, "conclusion". No doubt, the private sector and public area and public officials are the same, the regulations of conflict of interest is a syetem construction which is fundamental, can not be replaced by other anti-corruption regulations. Author believes, under the convention's initiative, with all efforts of the international community, system construction of conflict of interest will be paid much attention by developing countries and regions, including China.