The Analysis Of Official's Properties Declaration System In China

To construct a clean government is a long dream in history. Chinese socialist system is a new type of social system in the world. However, history has told us that the corruption can be also in the socialist system. "Corruption is hidden curse in the government's authority, a man who was awarded a piece of authority would face with the temptation of corruption which is beyond the moral line and justice." In fact, Chinese corruption problem is very serious, it ha s threaten the stability of social and the development economic and prosperity. In recent years, a variety of social phenomenons has showed that corruption has been a focus in public. Although in a short period of time Corruption is difficult to be eradicated , it can be controlled and prevented by positive measures in the future. There is the need to carry the fight against corruption further and build a clean and honest government.This article is divided into four parts for the study of the property declaration system of civil officers , the first part describes the meaning of property declaration system, as well as the main elements of property declaration system. A major reason that people object the property declaration system is the civil servants have right to keep privacy of the individual, it's unfair to ask the civil servants to declare their personal property. According to the Constitution law, citizens have the right to protect their privacy, the objected view seems to be in accordance with the force of law, follow the principles of the Constitution, but they forget the special nature of the Government's civil servants, the servant can exercise public power which is given by the people. The public power must correspond with the obligations, the civil servants need declare personal property in order to supervise the public power operate better . In the first part, it also introduced Chinese current laws and regulations about the civil servants to declare their asset, Chinese government has been very concerned about the construction of laws and regulations about the declaration property of the civil service. But as the current level of legal surroundings, we need the civil servants to declare property law. The second paper of this article focuses on the legal basis of the property declaration system, the principle of rights and obligations, theory of the identity of civil servants, and the theory of public power, these theoretical basis are drawing from some points of view in the west, after all, the property declaration system begun in modern western society. The third part contains the property declaration system in United States, South Korea and Hong Kong. It discloses these countries and regions' current systems and the characteristics, in order to improve the property declaration system of civil servants in China. The fourth part of the article which is followed the third part analysis the problems on current declaration property system in China, then focus on analyzing the reasons for these problems. As our country's political, economic and cultural realities, we must establish Chinese own declaration property system. We can learn from the experiences of other countries and regions to build the advanced system with Chinese characteristics. The property declaration system contains the forum of civil servants who declare their assets, the scope of assets, the declaration procedures, and the responsibilities.Anti-corruption has been a hot issue during the two most important political events in China. On fighting corruption, many deputies gave their own ideas, and many believed setting up an official property declaration system is one way. Liu Xirong, a National People's Congress deputy, however, pointed out how to define property is one of the biggest obstacles in officials' property declaration. It is widely believed that officials' bank deposits can be regarded as their property, but should other properties like houses, automobiles and stocks also be declared? The government should strengthen the punishment for the crime of Unknown Origin of Immense Amount of Property. China's Criminal Law stipulates that if judicial departments don't have sufficient evidence to prove the accused official guilty, the maximum penalty for the crime of Unknown Origin of Immense Amount of Property is 5 years. This has become the motive that many corrupted officials try their best to disguise their gray income. The newspaper quoted another senior official as saying that currently China lacks a sound finance management system to supervise individual's property. The newspaper suggested building such a system to manage the property transaction and supervise the declaration process of officials' property. The paper concluded that only under this more sophisticated finance system can the officials will have a clear mind to discipline themselves and declare their properties thoroughly.The implementation of the property declaration system of civil servants is to prevent corruption, in order to reduce opportunities for crime, so this system can lead the cadres and civil servants to accept supervision positively. The new sunshine laws cover more ground than the one before. The proposals regulate not only public servant exercise of power but also conflicts of interests after retirement or in subsequent employment, the acceptance of political donations and lobbying in the legislature. They are stricter and more sophisticated, and extend to party assets and political donations as well as campaign spending. The objective of proposing these sunshine bills is to pursue clean governance and set up a system of regulations that create a reasonable and reliable relationship between politicians and business circles. It is hoped that the government and the opposition will heed the public's poor view of corruption and desire for cleaner government. Fresh progress was made in the effort to build clean and honest government and in the struggle against corruption.