Comparative Study On The Civil Servants’ Properties Declaration Systems

This thesis mainly introduces the main contents of the Civil Servants’ Properties Declaration System in the Civil Service Law, as well as the comparative study on various civil servants’ properties declaration systems in different countries, which provide inspiration for the Civil Servants’ Properties Declaration System in China. In short, the Civil Servants’ Properties Declaration System is a system which is about the declaration, registration, publicity and related responsibilities of the civil servants’ properties, thus to curb corruptions.This thesis is divided into four parts:The first part is an overview of the Civil Servants’ Properties Declaration System, which elaborates the characteristics, contents and roles of the system respectively from the origins and connotations of the system. Here I firstly talk about the emergence and development of the civil servants’ properties declaration system, and listed out the countries which have implemented the system successively. For the characteristics of the civil servants’ properties declaration system, I analyze them from such aspects as the legality, necessity, feasibility, complexity and publicity of the system. Regarding to the contents of the system, I’ve made the further analysis of the subject and scope of the property declaration of the civil servants in China, and listed out the types and scope of the property declaration, as well as the punitive measures and regulatory agencies. As for the roles of the system, I have set forth the public opinions and the contributions to the prevention of corruptions in the affirmative.In the second part, there are the comparative studies of the civil servants’ properties declaration system from such aspects as the legislative model, the contents of the system, the responsibilities and the supervisory mechanisms of the system. I have listed, analyzed and compared the civil servants’properties declaration systems in the US, Russia, France, Canada and Singapore, which provide some inspirations and references for the construction and improvement of the Civil Servants’ Properties Declaration System in China. In the third part, I mainly analyzed the existing problems of the Civil Servants’ Properties Declaration System in China and their courses. Combine the previous conclusion drown from the comparison between the declaration systems in various countries and the existing problems of the system in China, we’ve found the serious absence of the relevant laws in China. The legislation of the relevant laws and regulations have just stepped into the stage of planning, and not come to the law-level. Moreover, the subject, content and types of the property declaration are incomplete. Some of the tangible properties or incorporeal properties are not exposed to "sunshine", which makes some people evade the legal sanctions. The Civil Servants’ Properties Declaration System should be a kind of "Sunshine Law". But in China, there are such embarrassing situations as the inadequacy of the openness and the deficiency of the legal sanctions and remedial measures.The fourth part are the conceives or ideas of the Civil Servants’ Properties Declaration System, including the improvements of the legislation, the supplements of the contents and types of the property declaration, the perfection of the supervisory mechanism, legal liability and institutional guarantee. For the improvements of the legislation, in my opinion, the Civil Servants’ Properties Declaration System should be written into the Constitution. Secondly, to speed up the research process, and enact "the Civil Servants’ Properties Declaration Law" as soon as possible. Thirdly, amend the Civil Servants Law, and bring the Civil Servants’ Properties Declaration System into it. Finally, improve the construction of the local laws and regulations. For the supplements of the contents and types of the property declaration, I recommend that moderately extend the scope of the property declaration subject, and increase the contents and types of the declaration. As for the perfection of the supervisory mechanism, legal liability and institutional guarantee, I believe we should set up special acceptance and inspection institutions for the property declaration, establish public mechanism, intensify judicial punishment, adopt the account’s real name system, gradually increase the income of the civil servants, establish the legal system of social credit management, and pay special attention to the tax and large transaction check of the civil servants.Compared to some of the developed countries which have the relatively perfect legal systems, there are a lot of existing problems in the formulation and implementation of the Civil Servants’ Properties Declaration System in China. The legislation of the system is particularly important for preventing and punishing corruptions. Shape the guiding ideology of the Civil Servants’ Properties Declaration System in China and establish the humane and scientific outlook on development is the key factor for the success of the system after its formulation. It will not only base on the historical and cultural traditions, the national conditions and anti-corruption situation, and fully learn from the advanced experience and success cases in foreign countries, but also fully take the direction of future development into account, to develop and practice scientific and humane property declaration system. Although the property declaration system has its limitations, it can not solve all the problems. However, guided by the scientific ideology, and constantly improve the quality of the civil servants and all the people, establish the positive interaction between the government and the masses of the people to enable the government to foster a good image in the minds of the masses to ensure that the powers come from the people, and should absolutely benefit the people. Thus reduce corruptions and build a harmonious society.