从粗放到精细:我国财产申报类型与申报时间的重构与设计

Research to Declaration Type'S Building and Declaration Time'S Meticulous Design of China'S Property Declaration System of Public Officials

目前,我国在保持反腐高压势头的同时积极建章立制,确立反腐长效机制。公职人员财产申报制度对于反腐防腐有治本之效,有必要借鉴域外法治经验,建设适合我国国情及反腐实际的财产申报制度。申报类型及申报时间的设计是财产申报制度的重要内容,我国现行制度设计尚显粗犷,存在诸多问题,相关理论探讨还不够充分,还不足以支撑立法建制,应当进一步深入研究并提出精细化设计方案以供立法决策参考。申报时间的设计应结合不同的申报类型予以不同设计,并着眼于制度细节,才能灵活、合理、精准地实现反腐目的。应坚持"面线点相结合"、"法定申报和指定申报相结合"和"常规申报和特别申报相结合"的原则,并分别从任职申报、现职申报、离职申报三种类型对申报时间进行精细化设计。

At present, while maintaining the momentum of high pressure anti-corruption, our country has been actively establis- hing the system of rules and establishing a long-term anti-corruption mechanism. The property declaration system of public offi- cials has a permanent effect on anti-corruption. It is necessary to learn from the foreign experience of rule of law in order to build the property declaration system that suits our country＇s actual conditions and the anti-corruption reality. The design of declaration type and declaration time is an important part of the property declaration system. The design of our current system is still rough and have many problems. The relevant theoretical discussions are not enough, which is not enough to support the legislative sys- tem. We should further study and put forward the meticulous design program for legislative reference. The design of declaration time should be designed in combination with the types of declaration and focus on system details, which can achieve the purpose of anti-corruption flexibly, reasonably and accurately. We should adhere to the principle of ＂ combination of point-line-sur- face＂, ＂combination of statutory declaration and designated declaration＂ and ＂combination of regular declaration and special de- claration＂, and meticulously design declaration time separately from the three types of appointment declaration, current employ- ment declaration and resignation declaration.