On Brain Drain Of Government's Administrative Personnel And Its Regulations

In recent years,there has been a constant brain drain of administrative personnel from the government.The brain-drained personnel take advantage of the remnant resources of the public power in their hands,which results in the change of the original administrative relations network,change of interpersonal relations among governmental officers and change in the influence of administrative posts and internal information of the government.This will lead to the privatization of public power and thus arouse the conflict between private interest and public interest.This is the problem of interest conflict after the brain drain of the government's administrative personnel.The conflict of interest exists not only when the government's administrative personnel assume their public office but also during the certain period after the brain drain of these talents.The conflict of interest after the outflow of these talents is always potential,imperceptible but extremely harmful to the public interests.The conflict is even more serious than that existed when the talents held their former office.Thus the author attempts to make a systematic study on the brain drain of government's administrative personnel and its regulations from the perspective of interest conflict. Although the brain drain of the government's administrative personnel involves dismissal,retirement,rejection and resignation,this paper focuses on the study of the voluntary brain drain of the government's administrative personnel,particularly the issue of voluntary resignation.The analysis on the concrete causes which contribute to the voluntary brain drain of government's administrative personnel from the perspective of society, government and individuals clarifies why those talents leave governmental offices.The brain drain and particularly voluntary brain drain of government's administrative personnel is seemingly an issue concerning personal choice,but actually it involves many other factors such as social motivation,conceptual transformation,interest drive and personal values,etc. As long as the brain drain is no violation of the laws and morals,it should be respected and supported.However,government's administrative personnel are different from the common mass.Their outflow is no less than an issue of reemployment.It is special in that these talents have been entitled with a special identity as the "public servant" or "leading cadres" as well as their relevant working experience.It is special in the public power they ever enjoyed and social capital herewith,what's more,it is special in the potential or substantial harm or threat against the public interest based on their own interest.Therefore,within a certain period after the brain drain,government's administrative personnel should shoulder the special responsibility of safeguarding public interest to avoid interest conflict.With reference to the relevant cases that emerged in recent years,the interest conflict after the brain drain of government's administrative personnel fall into three main categories: privatization of public resources,time-bargaining of power and laundering of illegal money. As they possess public power,government's administrative personnel have formed an interpersonal relations network to a certain extent after working for many years.Besides,the title of "public servant" or "leading cadre" is in itself a kind of intangible asset.The higher the post is,the more valuable the intangible asset is.When such personnel held their previous office,they either had a good command of the government's spirit and internal information, or had the power to make decisions and approving the fund employment for various programs and projects,or possessed a powerful administrative relations network and interpersonal relations chain within officialdom.All these constitute the public resources for government's administrative personnel.If these talents are still purposely taking advantage of these public resources to gain interest for their corporations and themselves,it is the privatization of public resources.Time-bargaining of power refers to the corruption of some officials who offered illegal interest to others when they were holding their previous office without receiving the return at that time,nonetheless after their outflow(usually after their retirement or resignation to business),they received the interest return from those power beneficiary.The so-called bleaching of black money is laundering of illegal money in common sense,which involves those government's administrative personnel who fished for abundant illegal money with the power in their hands deliberately or indeliberately,but due to fear of the anti-corruption campaign,they dared not to spend the money or had no way to spend it,therefore they resigned for the excuse of working in a private organization and then initiate a corporation or invest in stock market after retirement.In this way they legitimate the illegal money.Of course,with the occurrence of similar cases,both the Central and local governments have to some extent perceived the issue of interest conflict after the brain drain of government's administrative personnel and attached great importance to the problem.They have formulated and improved some systems to regulate the brain drain of government's administrative personnel.However,there is no denying that obvious defects can be found in the regulations made by the Central and local governments.The developing market economy and the deepening government reform will see more and more brain drain of government's administrative personnel.Then how to regulate the outflow of government's administrative personnel and prevent the interest conflict concerning privatization of public resources, time-bargaining of power and laundering of illegal income has become a task on agenda.The author holds that the regulative work can be divided into two stages with the personnel's leaving office as the dividing line.Measures can be taken before and after personnel leave office.Regulations before leaving office include establishing and improving the operating system of power,promulgating Law of Civil Servants' Possession Declaration as soon as possible and perfecting audit supervising system.Regulative measures after resignation include strengthening the confinement of employment and relevant activities after the resignation,forbidding the adoption of government's internal information after resignation and perfect the punitive system against the illegal act after resignation.