Research On System Of Conflict Of Interest Of Greece And The Enlightenment To China Legislation

The prevention of public officials’ corruption in China has been a serious issuefor a long time. It is a milestone of the international anti-corruption, that in2003, theUN General Assembly adopted the United Nations Convention against Corruption, inwhich Conflict of Interest is regulated systematically. Greece, as one of the signatories,is obliged to comply with the treaty. In1991, Greece enacted the Civil Code, in whichthe concept of "conflict of interest" is mentioned. Although it is not a special law forconflict of interest, many conflicts of interest system is comprehensive, scientificallydefined in it. In contrast, in China, the provisions on conflict of interest system arescattered in various laws, regulations and notices. And there is still a gap betweenthem and the provisions of international treaties for simple clauses, lots of law gap,lack of systemic enforceability, and there is no specific regulatory authorities forthem.With the increasing emphasis on the issue of conflict of interest in theinternational arena, scholars in our country begin to research on this issue. But themajority can only give some personal advices on the micro level instead of writingsome specific recommendation for legislation by reading the Code of Civil Servantsdeeply and comparing it with Chinese regulation of conflict of interest. In fact whatwe should do is reading the system of conflict of interest in Code of Civil Servantsdeeply and getting the background and purpose of the legislation. We should researchthe key clauses carefully in it also, like professional ethics training of public officials,personnel records of public officials, the second post and restrictions of participate inbusiness operations, place of birth and obstacles of conflicts of interest, paid vacation,enforcement and penalties and so on. And do some comparisons between the actualityof Chinese legislation and them to find the shortcomings and inadequacies in ours.Then we legislate for prevention of conflicts of interest, and regulate the specificcontents by grasping the legislative purpose and the basic principles, and improve thesystem of implementation meanwhile. In this case we can speed up the process ofChina’s anti-corruption work, reduce corruption, thereby the government can be moreclean and efficient.