我国公务员财产公开的制度化研究

发布时间：2018-04-28 07:55

本文选题：公务员 + 财产公开　；参考：《山东大学》2014年硕士论文

【摘要】：腐败现象在我国日趋严重的发展趋势,使我国不得不寻找更有力的措施来遏制这一腐败现象的蔓延。财产公开制度在国外运行多年,获得了阳光法案的美誉,被公认为是反腐利器。我国在20多年前就已经实施了财产申报制度,但财产申报制度在我国并没有发挥出国外对其评价的应有作用。财产申报是财产公开的基础,本文正是在这样的背景下,针对财产申报制度在我国发挥的似有似无的作用,试图找出真正适合我国财产公开制度的路径。本文分五大部分。第一部分是绪论,主要是对国内外财产公开研究现状的介绍,以及本文的研究特色所在。本文的研究特色主要体现在,对国内财产公开理论空缺的研究,以及提出了较具操作性的实施财产公开的对策建议两个方面。第二部分是我国财产公开的一些基本问题的介绍。首先是对财产申报和财产公开区别的梳理,该问题是源于我国的财产申报制度在多数情况下都在回避财产公开,使本应密不可分的关系变成了各自间的独立；其次是对财产公开理论依据的探讨,主要从公共管理伦理学理论和公共权力理论两个方面论述；最后是对财产公开制度必要性的介绍,包括其反腐功效、反腐国际义务和我国民主制度的完善等方面。第三部分是对我国财产公开的现状以及推行困难原因的分析。财产申报是财产公开的基础,我国最早的财产申报源于三国时期,当代中国的财产申报从1988年开始,至今,财产申报备受全国人民关注,尽管每年断断续续都有财产公开试点的出现,但现在我国的财产公开还未在全国范围内正式普及。面对财产公开的如此现状,本人试图从现存制度层面和文化思想层面对我国财产公开的阻力因素进行探讨。第四部分是对国内外实施财产公开制度的国家和地区的介绍,选择了为财产公开最先立法的英国,财产公开制度立法最完备的典范国家美国,曾经与我国国情相似且近年才实施财产公开制度的俄罗斯,以及港澳台地区的财产公开制度。第五部分是对我国公务员财产公开制度对策的建议。结合我国财产公开受阻原因和国外财产公开的经验教训,从财产公开推行的基础、法制化的趋势、突破点的选择以及针对财产公开的监督机制和配套设施的完善等方面提出了针对性的对策。研究我国公务员财产公开制度,是顺应时代和民意要求的必然选择,也是在全球反腐背景下探讨适合我国的反腐策略。通过借鉴国内外的先进反腐理念和成果,利于推动我国的廉政建设,同时,也有利于我国民主制度的完善。
[Abstract]:Because of the increasingly serious development trend of corruption in China, our country has to look for more powerful measures to curb the spread of corruption. Property disclosure system has been operating in foreign countries for many years, has won the reputation of Sunshine Act, is recognized as an anti-corruption weapon. The property declaration system has been implemented in China for more than 20 years, but the property declaration system has not played a role in evaluating it abroad. Property declaration is the basis of property disclosure. Under this background, this paper tries to find out the path that is really suitable for property disclosure system in view of the seemingly insignificant function of property declaration system in our country. This paper is divided into five parts. The first part is the introduction, mainly introduces the domestic and foreign property open research present situation, as well as the research characteristic of this article. The main research features of this paper are as follows: the research on the theory of property disclosure in China and the countermeasures and suggestions for the implementation of property disclosure. The second part is the introduction of some basic problems of property disclosure in China. The first is to sort out the distinction between property declaration and property disclosure, which stems from the fact that the property declaration system in our country is evading property disclosure in most cases, which makes the relationship between them become independent. Secondly, it discusses the theoretical basis of property disclosure, mainly from the two aspects of public management ethics theory and public power theory, and finally introduces the necessity of property disclosure system, including its anti-corruption effect. The international obligation of anti-corruption and the perfection of our democratic system. The third part is the analysis of the present situation and the difficult reasons of the property disclosure in our country. Property declaration is the basis of property disclosure. The earliest property declaration in China originated from the period of the three Kingdoms. The property declaration of contemporary China began in 1988 and has been concerned by the people throughout the country. Although every year there are intermittent property disclosure pilot, but now the property disclosure in China has not been officially popularized in the country. In the face of the present situation of property disclosure, I try to discuss the resistance factors of property disclosure in our country from the existing institutional level and cultural and ideological level. The fourth part is an introduction to the countries and regions that implement the property disclosure system at home and abroad. The United States has chosen the United Kingdom, which first legislates for the property disclosure system, and the United States, which has the most complete legislation on the property disclosure system. The property disclosure system in Russia and Hong Kong, Macao and Taiwan is similar to that in our country and has only been implemented in recent years. The fifth part is to our country civil servant property open system countermeasure suggestion. Combined with the reasons for the obstruction of property disclosure in our country and the experience and lessons of foreign property disclosure, from the basis of the implementation of property publicity, the trend of legalization, The choice of breakthrough points and the improvement of supervision mechanism and supporting facilities of property disclosure are put forward. To study the property disclosure system of civil servants in China is an inevitable choice to meet the needs of the times and public opinion, and it is also a suitable anti-corruption strategy for our country under the background of global anti-corruption. By drawing lessons from the advanced anti-corruption ideas and achievements at home and abroad, it is beneficial to promote the construction of clean government in our country, and at the same time, to perfect the democratic system of our country.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D630.3

【参考文献】