The Research On Conflict Of Interests For Public Servant Leaving Civil Service

In recent years, China has gradually intensified anti-corruption efforts; the space for corruption of power is getting smaller. However, there are some leading cadres with vested power are still obsessed. They rack their brains trying to "innovate" the form of corruption, make use of the residual value of public rights after leaving civil service is one of the widely used methods.Civil servant's making use of the "residual resources" of the public powers after they leave civil service will lead to privatizing, produce unfair competition, harm the public interest, and trigger the conflict between the public interest and the private interest. These conflicts of interest manifested mainly in three aspects: First, making profit for private sector by using of prior resources which had been accumulated before the officials leave the public sector, these resources includes the human relationship, human chain, the remaining public resources. Second, the "money laundering", that the official makes use of common authority to fish for illegal interests when being on the job, but they can't use the money freely because of fear on the sources of the funds, so they make the illegal money legally by investing or holding a post in private sector. The third is the "power payment", namely the officials support some enterprises or individuals to pursue their interests during their tenure, and when they enter the private sector after leaving the office, the enterprises or individuals that had been supported before will pay they in salary as negotiated.Obviously, Civil servant's making use of the "residual resources" of the public power after they leave civil service will lead to the emergence of corruption. Therefore, a solution to the conflict of interest after the civil servant's leaving civil service is an important job in anti-corruption. The CPC and the state have paid great importance to this .The Central Commission for Discipline Inspection, the Organization Department of CPC Central Committee and local governments have made some restrictions, but it didn't work effectively. So in this article I learn from the experiences of other countries in the light of the actual situation in China in order to find out the way to avoid conflicts of interest. It includes making law of the auditing system; establishing monitoring mechanisms on the employment of civil servants; restrictions on the activities of civil servants; restrictions on the use of available government information after leaving the civil service; Serving rational allocation of powers to speed up the rotation rate and curb the power of "options" tendency; improving punishment mechanism of behavior, as well as law enforcement and so on.