Study On Family Property Declaration System Of Leading Cadres

Making a comprehensive view of all countries in the world, a common point is shared by those, in which the anti-corruption work is well undertaken, that is the establishment of perfect family property declaration system. However, as the old saying goes"Stones from another hill may be used to polish jade". Following the historical trend of development and advancement in the world, learning and using the successful methods and experiences of family property declaration system in western countries for reference, to perfect the family property declaration system of leading cadres in our country, which has great significance in preventing and punishing corruption, keeping the incorrupt image of public servants, and constructing a democratic government ruled by law as well as strengthening the construction of our Party and regime.I. The origin and significance of family property declaration system(I) The origin of family property declaration systemThe family property declaration system stipulates that the public servants, at the beginning of tenure, while holding the post or at the expiration of the post, declare their property and variation, and properties of their family members in certain scope to relating departments. The family property declaration system, which have born for over 240 years in western countries and been proved by practice in many countries all around the world, is an effective means to control corruption of government officers. This system originated from Sweden 242 years ago. After 1970s, many countries gradually realized that this system has incomparable superiority in stopping officers from making profit for themselves by power and supervising government personnel by the people, and took the establishment of this system as an important content in incorrupt legislation of the state one after another.(II) The significance of family property declaration systemThe family property declaration system, which have been developed and perfected in every country around the world since 1970s, plays a key role in preventing corruption, pushing forward incorrupt administration and purifying the social ethos, therefore, it is called"a corruption termination system". The executive situation of family property declaration system in every country around the world shows that it has five effects as follows: first, it is favorable to develop democratic politics and strengthen the government's validity. Second, it is favorable to control the psychological motive for corruption of public servants and prevent corruption effectively. Third, it is favorable to discover in time and investigate the abnormal variation of public servants'family property and punish corruption effectively. Fourth, it is favorable to maintain the incorrupt image of public servants and closer the relation between the public and government officers. Fifth, it is favorable to prevent the corrupted officers from devouring property or absconding with official money, to reduce economic loss of the state.II. General situation of family property declaration system of leading cadres in our country(I) Exploration process of family property declaration system of leading cadres in our countrySeveral beneficial explorations and attempts in establishing the family property declaration system of leading cadres have been made in our country. In 1988, Protocol on Property and Income Report of Administrative Personnel was drafted in National People's Congress. In 1994, Law of Property and Income Declaration was listed in legislation programs. In 1995, Provisions on Income Declaration of Leading Cadres above County (Department) Level in Party and Government Organizations was printed and distributed by the Office of Party Central Committee and Office of State Council. In January 1997, Provisions on Reporting Important Personal Matters of Leading Cadres, approved by Central Committee of CPC and State Council, was issued. In December 2000, the Central Committee determined to carry out the family property report system first in leading cadres on the post above province/ministry level. On June 15th, 2001, Provisions on Family Property Report of Leading Cadres on the Post above Province/Ministry Level (tentative) was issued. On September 24th, 2006, Provisions on Reporting Relating Personal Matters of Party Member Cadres was printed and distributed by Central Committee of CPC. Since 1988, we have researched and explored the property declaration system for already 20 years, but law concerning declaration of property and income has not been issued yet.(II) Problems exist in family property declaration system of leading cadres in our countryAt present, there are two property and income declaration provisions in effect. The first is Provisions on Income Declaration of Leading Cadres above County (Department) Level in Party and Government Organizations, which was printed and distributed in 1995. The second is Provisions on Family Property Report of Leading Cadres on the Post above Province/Ministry Level (tentative), which was issued in 2001. Some defects and disadvantages revealed during implementation of these two provisions.Provisions on Income Declaration of Leading Cadres above County (Department) Level in Party and Government Organizations, issued in 1995, had inherent disadvantages in design, which limited its effect in striking corruption, what was worse, it malfunctioned in execution, and therefore, it was almost ineffective. First, the subjects of income declaration are limited. Second, the scope of property in income declaration is not complete. Third, the design of income declaration's variety is not strict. Fourth, acceptance organizations of income declaration are not reasonably set. Fifth, materials of income declaration are not opened. Sixth, on violating the provisions, the subject of income declaration is not fully investigated for responsibility. Seventh, it is ineffective to supervise the subject of declaration in property transfer.Provisions on Family Property Report of Leading Cadres on the Post above Province/Ministry Level (tentative), issued in 2001, is better than the one issued in 1995, but most of disadvantages and deficiencies existed are not solved. Furthermore, along with the development of situation, some problems, which should have been solved, still exist and even become more serious, such as: first, the character and value of property are difficult to be defined. Second, provisions are not promoted to the level of law, and consequently, they are not authoritative enough. Third, provisions shall not be successful without effective supporting measures for them. Fourth, supervision on property declaration is lack of effectiveness.III. Methods and experiences of property declaration system of public servants in other countriesLearning and using methods and experiences of property declaration system of public servants in other countries for reference have great significance in perfecting the family property declaration system of leading cadres in our country. The property declaration system of public servants executed in other countries, comparing with that of leading cadres in our country, has seven advantages as follows:First, the scope of declaration subject is wider. Second, variety of declared property is complete. Third, declaration method is more accurate and detailed. Fourth, the declaration time is more scientific. Fifth, supervision on declaration materials is quite effective. Sixth, investigation and responsible-pursuing are very strict. Seventh, supporting measures are perfect and complete.IV. Countermeasures and suggestions for perfecting family property declaration system of leading cadres(I) Fundamental conditions for perfecting family property declaration system of leading cadresThe first condition is to implement financial real name system strictly, which can facilitate, through the money system, investigating deeply into and finding out the direction in which illicit money has be shifted, in order to attack timely any shift of properties of corrupt officials and punish corruption effectively. The second is real name system of properties registration. This is one of the important measures to avoid decentralization and concealment of properties of public official. The third is to solve the problem to unify the personal property data in terms of institution and techniques. All the properties registered with the identical name and ID No. can be inquired into and counted. The fourth is increase the strength to judicially attack laundry and illegal money shift in order to prevent laundry and shift of personal illegal money inside a family or between relatives and friends. The fifth is to make more efforts in propaganda in order to form a concept of value"The public officials'right of privacy makes place for the public's right to learn the truth"in the whole society and to encourage leading cadres to declare their family properties consciously.(II) Detailed suggestions for perfecting family property declaration system of leading cadresThe first suggestion is to define a reasonable range of subjects to declare family properties. The second is to enlarge the range of varieties of family properties to be declared. The third is to establish an authoritative declaration acceptance body. The fourth is to extend the number of kinds of property declaration registration and the time limit. The fifth is to disclose the data of family property declaration. The sixth is to find out gravely the liabilities of lawbreakers.