境外对公职人员收受礼品行为的规制及其启示

Research on Overseas Institution Preventing Officials from Illegal Gift Acceptance and its’ Enlightenments upon China

境外较廉洁国家或地区针对公职人员收受礼品的问题,切实制定了制度,有效规范了公职人员的违规收礼行为。境外的成功经验可以总结为:立法禁止公职人员违规收礼、严格设定公职人员收礼的价值额度、妥当处置既收礼品、严厉惩处违规收礼行为、多渠道监督违规收礼行为。基于此,结合我国公职人员收受礼品问题及有关制度的现状,我国可在立法、礼品处置及监督等方向完善公职人员收受礼品制度。

Some relatively clean countries or regions overseas have formulated institution successfully preventing officials from accepting gifts. The measures adopted can be summarized as follows： legislative ban on illegal gift reception and acceptance, strictly setting value line of reasonable gifts, proper disposal of registered or reported gifts, severe punishment upon illegal behavior and overall supervision upon illegal behavior. Based on the above mentioned measures and in accordance with the problem of officials accepting gifts as well as the present system in China, it is put forward in the paper that the following suggestions may help： make legislation such as ＂prevention of conflicts of interest ＂ to ban illegal gift acceptance, strictly regulating the reception of reasonable gifts, standardizing the treatment of registered or reported gifts, enhancing punishment upon illegal gift acceptance, initiating public and professional supervision upon illegal behavior.