On OECD Conflict Of Interests Policies In Public Service And Its Enlightenment

In recent years, how to prevent conflict of interests (COIs) in public service has become a challenge for every country. The conflict of interests policies of OECD are promoted in many countries because of its advantages and adaptability. The conflict of interests policies of OECD can be divided into three categories, namely the prevention policies, the regulatory policies and the accountability polices, among which the first is the bases and the latter two are the guarantees. The prevention policies can be divided into the policies of declaration and disclosure of interests, the gift policies, the policies of managing conflict interests and the policies of restriction on post-employment. The core prevention policy is the declaration and disclosure of interests, therefore it is important to identify conflict interests. After identifying, conflict interests need to be managed. The managing policies include recusal, restriction and divestiture policies. OECD also made recommendations on the restrictions of post-employment. In respect of the establishment of regulatory office, OECD recommended the practices of many countries for others to adapt according the different policy frameworks. In respect of external monitoring, the OECD Toolkit provided a policy example for whistle-blower pretention. In the respect of accountability policies, it should include discipline sanctions, criminal penalties and management responsibilities.In comparison with, the existing policies of in our country have low rank in the law system. The four prevention policies, namely, policies of declaration and disclosure of interests, the gift policies, the policies of managing conflict interests and the policies of restriction on post-employment are not very clarified and specific. Meanwhile the enforcement system is also flawed. According to OECD experiences, we should build a system of COIs policies. First, we should build a policy frame work of COIs, in which all the prevention policies are effectively addressed. Second, in order to enforce the prevention policies, regulatory and accountability polices along with an independent regulatory office should also be established.