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The Study On The Property Declaration Legislation Of Public Officials

Posted on:2016-11-22Degree:MasterType:Thesis
Country:ChinaCandidate:X PengFull Text:PDF
GTID:2296330461477255Subject:Constitution and Administrative Law
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The practice on the property declaration legislation of public officials in China has been 30 years since the 1980 s, but the laws remains elusive up to now. Aletai, in Xinjiang Province, is the government of dauntless courage to declare the property of public officials first of all. For a while the boom in the pilot property declaration has clam down. Chinese Government’s attitude to anti-corruption is very clear and definite. Due to the lack of legal support, however, the system of property declaration is not perfect. According to the statistical analysis of Transparency International, China has always been in the national ranks relatively corruption.After 18 th National Congress of the Communist Party of China, national anti-corruption action has made new achievements. Describing anti-corruption has entered a new period of development, we should adopt new operating mode. On the second plenary session of the eighteenth Chinese Communist Party Central Commission for Discipline Inspection, the general secretary Xi Jinping raised the new requirements about the way of anti-corruption. He pointed out “the rule of law and thinking of law against corruption”. This means, not only to continue anti-corruption, and also to prevent the breeding of corruption from source. Property declaration system has long been considered to be an important means of warning of corruption, protecting of probity and efficient government and prevent conflicts of interest. Property declaration law as the kernel and driving force is the backbone of is the backbone of the whole system running. The introduction of anti-corruption legal is the common choice of every country in the world. So, the property declaration legislation should be put on the agenda as soon as possible.Property declaration system having many aspects, legislation is emerging as one the core of it to study. Research on public officials to declare property legislation should face the following issues: financial disclosure laws relative term connotation; the provisions relating to the specific content of China’s current property declaration, which still exist defects, and the delay in the rise to the legal level of reason; how to build China’s financial disclosure laws. This article attempts to answer these questions precisely. Article is divided into six parts, namely the introduction, four chapters and a conclusion.Introduction as the beginning of the whole article, at first pointed writing background; secondly, it introduced domestic and international study about property declaration; finally, the article pointed methods and ideas, streamline and main content. The next part is mainly declare general meaning of legal terms in laws, the development of laws and the theoretical basis of the property declaration legislation by finishing States and China’s relevant laws and financial disclosure regulations. And then it is one of the focus of this article, simply summarizes the relevant provisions of the existing property declaration that leading cadres reporting system of personal matters. On the insufficient of provisions and practice, it summarized our current financial disclosure provisions of the defect; at the same time according to the depth study on the status quo of implementation found reasons about the absence of law. Finally, specifically how to advance the legislative process and build the real property declaration, we need to learn from the more honest reporting of the national implementation of property legislation and law enforcement experience to build our the property declaration law; adapter from the relevant laws and supporting the convergence of systems two aspects of financial disclosure laws make conditions more ripe issued guiding principles from legislative, mode selection and content to build on so that our property declaration e law to become a reality results. Conclusion, this paper briefly comb, summaries sense about the property declaration law controlling corruption, the future development direction of China’s anti-corruption action.Financial disclosure legislation has been an important part of our legislative planning theory and practice made many efforts. So far failed to make the trip, there are many causes and issues. However, corruption can be seen in the community is growing, and clean government is constantly advancing. At the same time financial disclosure legislation government and social paying more attentions to, some local governments have also launched a pilot property declaration, made some achievements, and got some lessons learned need. Calling the shots, it seems the best way is the national introduction of "Property Declaration Law", top down to build the property declaration system, balance the conflict between personal interests and the public interest, prevention of corruption breeding and spread, which is the promoting the question of meaning national Integrity legal system construction.A "Sunshine Act", not just relies on the government, the ruling party of courage, but also need the joint efforts of the whole society. The principle established legislation, the selection about the legislative model fitting China’s national conditions and the actual legislation, perfecting the close relationship between law and system, and scientific and rational way to set the specific content of the law, we just can scientifically formulate "Property Declaration Law" and promote it working. Then it can reduce the resistance in the operation of law and keep practical and effective.
Keywords/Search Tags:Public Officials, the Property Declaration, Legislation, the Fight against Corruption and Uphold Integrity
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