The Real Force Majeure, Solutions And Suggestions For China To Establish Property Disclosure System Of Public Officials

In recent years, China has intensified anti-corruption, a large number of corrupt officials have been punished, The initiative of beating "tigers" and "flies" has achieved normalization. Meanwhile, along with the enhancement of inner consolidation in the Communist Party, Chinese politics become more clear and bright. In this context, the voice claims that system is the key method to anti-corruption grows strong. Indeed, only to establish a system to implement, the anti-corruption measures could implement in a long way. As the important part of anti-corruption, the disclosure system of public officials property played a unique role in it. This disclosure system first established in Sweden and accepted by most counties in the world, became an important part of Government Ethics Law. The theoretical research and institutional practice about public official property disclosure also deepening. While in China, because many flaws in the property declaration and disclosure, it is difficult to call it an effective system. The property disclosure system in United States has the best specification and also implements well, so became the model for other countries. As Asia countries, South Korea and Japan also established the same system, the two countries and China are geographically close, there are also many social and cultural similarity, so the property disclosure system also has major implications. Through the detailed study of the property disclosure system in the countries mentioned before, we could see that to achieve a mature property disclosure system is a gradual process, there are many conditions in the legislation, the concept and technical operating. In this paper, the resistance that the property disclosure system established in China has been analyzed in these three perspectives. In the perspective of regulation, the current property disclosure system still stays in the Party discipline and the government rules. Many documents exist cross-jurisdiction, making the property disclosure system to the regulation facing value conflicts brought by law; In the perspective of concept, there are resistances from traditional thoughts and the ethic problem in reality; In the perspective of technical operating, the relative rules about subjects, contents, types, management, response and other supporting measures did not complete at country level, there are significant gaps between China and countries that above mentioned. Therefore, this paper reference the favorable experiences for establishing property disclosure system that United States, South Korea and Japan got, and also propose some suggestions for China. At the level of legislation, to rationalize the relationship between many different regulations documents, not only to do the work of linking property disclosure legislation with many files, but also to weigh public’s right to know in property disclosure legislation in conflict with personal privacy, trying to find the best balance among both; At the level of concept, it is important to update the outdated traditional values, to enhance the ethic training of public officials, making the property disclosure system to the conscious behavior of public officials. At the level of technical operating, it is necessary to reference the complete systems of other countries and also taking Chinese social and political reality into account, to expand public subjects and detailed the content, to increasing public types, to improve public management and responsibilities, to establish supporting measures such as financial real-name registration. China is in a high incidence of corruption recently, and China has an unprecedented increase in anti-corruption efforts, it is the chance to make the property disclosure system of public officials into reality. Hope some researches in this paper could have some help for establishing the property disclosure system of public officials in China.