Research On Overseas Institution Preventing Officials From Illegal Gift Acceptance And Its’ Enlightenments Upon China

Preventing Officials from Illegal Gift Acceptance refers to that the governmentmake use of public power, by making certain laws, regulations or rules, to preventand regulate the individual or organization within the administrative organ fromaccepting gifts.State administrative organs and their personnel shall not present oraccept gifts by using various guises or in a disguised form. In foreign businessactivities, the other party giving cash or marketable securities, shall be declined. Ifthese were hard to decline, the received cash or securities must be handed in. At thesame time, if the state administrative organs and their personnel accepted or askedfor gifts to seek improper interests, they had to take punishment of bribery, inaccordance with the relevant bribery law and regulations.Finland, the United States, Britain, Canada, South Korea, Russia, Hong Kongand other relatively clean countries or regions overseas have formulated institutionsuccessfully preventing officials from accepting gifts. The measures adopted can besummarized as follows: legislative ban on illegal gift reception and acceptance,strictly setting value line of reasonable gifts, proper disposal of registered orreported gifts, severe punishment upon illegal behavior and overall supervision uponillegal behavior.Based on the above mentioned measures and in accordance with the problem ofofficials accepting gifts as well as the present system in China, it is put forward inthe paper that the following suggestions may help perfect concerned institutions inChina: make legislation such as “prevention of conflicts of interest” to ban illegalgift acceptance, strictly regulating the reception of reasonable gifts, standardizingthe treatment of registered or reported gifts, enhancing punishment upon illegal giftacceptance, initiating public and professional supervision upon illegal behavior.