公务员利益冲突防治立法探析

On the Legislation on Civil Servants Conflict of Interests

公务员由于具有代表公益和私益的双重身份,在特定情境下,容易因利益冲突而做出滥用公权谋取私利的腐败行为。文章认为公务员利益冲突防治立法是源头治腐、依法治腐的客观需要,且公务员利益冲突防治立法具有充分的立法基础和政治基础,因而立法具有可行性。在此基础上,文章对公务员利益冲突防治立法的技术性问题如法律名称的思考、立法的基本原则、立法的主要内容及其专门管理机构进行了探讨。认为当前对公务员利益冲突防治进行立法是非常有必要的并且是可行的。

Having a dual role as representatives of public interest and self - interest, cjvil servants, in some specific circumstances, are apt to be subject to corruptive behaviors by abusing the public rights to seek private interests when facing conflict of interests. This paper thinks that legislation to prevent the civil servants interests conflict is an objective demand for lawfully controlling corruption from the source, and that the adequacy of legal and political foundation for this legislation has provided feasibility for this action. Accordingly, the article discusses the technical problems of the legislation to prevent the civil servants interest conflict, such as the consideration of the legal names, basic principles of legislation, main contents of legislation and special administrative departments. We think that it is quite necessary and feasible to make law for the prevention of civil servants interest conflict presently.