Research On Conflict Of Interest Act Of Canada

Corruption exists in all over the world, nowhere can avoid it completely. Chinawas the75th in Transparency International’s Corruption Perceptions Index in2011,while Canada was among the top10and it could be counted into the countries whichwere free from corruption. In order to solve the problem efficiently, we must startsfrom its origin–conflict of interest. Anti-Corruption Convention has raise a numberof demands to all countries and Canada has already promulgated a serious of laws andregulations to control conflict of interest and prevent corruption, they formed aregime of law gradually. However, we haven’t yet got a special law to control conflictof interest and prevent corruption. The related legal provisions scattered in the otherlegal documents have many shortages, such as: low legislation rank, weak punishmentpower, lack of universality. As a result, it is urgent for us to read and interpret theConflict of Interest Act in Canada in order to promote our legislation and research onconflict of interest. Conflict of Interest Act (2006) specialized for public officeholders to prevent the conflict of interest. This act includes: interpretation, conflict ofinterest rules, rules for former public office holders, divestment, confidentialdisclosure, public declarations，public registry and administrative monetary penalties,etc. The act makes Canada’s legal system to prevent conflict of interest together withValue and Code of Ethics for Public Service, Conflict of Interest andPost-employment Code for Public Office Holders, Access to Information Act,Freedom to Information Act, Witness Protection Program Act and Canadian Law onCorruption of foreign Public Officials. It has made Canadian public office holders’corruption under control. Making a comprehensive survey about the legislative statuson conflict of interest, it is easily to find that we are still lack of a specialized law.What’s more, the related legal provisions have many shortages in implements, such as:low legislation rank, confused definition, leave out subject and the punitive measuresare lack of operability, etc. So we should consider our specific conditions and learnform Canada as well as the other countries’ advanced legislative experience so as tomake a specialized conflict of interest law as soon as possible.