Anti-corruption is a major issue facing all countries at present. In order to prevent, curb and punish the corruption of public officials, most governments in various countries have formulated strict rules and regulations to determine the obligation of public officials to be honest and clean, prevent public officials from abusing their powers and engaging in malpractices for personal gain, and severely punish public officials' violations of law and discipline.
In the Civil Service Reform Law revised in 1978, the United States clearly stipulated the obligations of government employees, requiring public officials to abide by the law, be honest and self-disciplined, not to accept bribes and pervert the law, not to abuse power for personal gain, not to engage in malpractices for personal gain, and not to participate in political money receiving activities such as political donations. The Singapore government has successively promulgated the Civil Service Law, the Civil Service Disciplinary Regulations, the Corruption Prevention Law and the Property Declaration Law. Current anti-corruption law, regulations on confiscation of illegal interests, etc. There is also a set of five-volume instructions. These laws and regulations regulate the work, life, speech and behavior of public officials. South Korea has successively promulgated the Corruption Prevention Law, the Anti-Money Laundering Law and the Political Funds Law. 1989 The Philippines has promulgated the Code of Conduct and Ethics for Public Officials and Employees, which regulates the political ethics of public officials in the form of legislation and ensures its effective implementation with the strength of the legal system. Britain, Sweden, Germany, Canada, Malaysia and other countries have formulated corresponding policies and regulations.
These laws and regulations mainly regulate the behavior of public officials in business, part-time, bribery and so on.
There are specific provisions in the civil service laws of many countries on restricting public officials from doing business and taking part-time jobs. The Swiss federal civil servant law stipulates that civil servants are not allowed to engage in sideline business and industry, and family members are not allowed to open restaurants and cafes. France's General Code of Public Service stipulates: "Civil servants have the obligation to use all their professional activities to complete the mission entrusted to them. Therefore, civil servants are prohibited from engaging in other remunerated jobs ",and" if they make mistakes in performing their functions or holding office, they will be disciplined ".
Japan's National Civil Service Law has more detailed provisions on the behavior of public officials. For example, article 103 1 of the law stipulates: "An employee shall not concurrently be the head, consultant or evaluator of commercial, industrial, financial and other profit-making private enterprises and other organizations, nor shall he run his own profit-making enterprises." The second paragraph stipulates that employees shall not accept or hold positions closely related to state organs in profit-making enterprises within two years after leaving their jobs. Article 96 of the law stipulates: "All staff must be waiters of all citizens, work for the public interest, do their best and concentrate on their work."
The Moral Reform Law, revised by the United States 1989, stipulates that national public officials may not engage in jobs that conflict with their duties and interests or engage in things that conflict with their duties, including not using their powers to seek jobs.
With regard to prohibiting public officials from asking for bribes and accepting gifts, many countries require all public officials not to accept gifts and donations from any source and in any form in their legislation. Austrian civil servant law stipulates that it is not allowed to ask for bribes and accept gifts casually, even honorary gifts. The American moral reform law stipulates that civil servants must explain and hand in gifts worth more than $300.
South Korea's "Action Program for Keeping Civil Servants Clean and Honest" published on February 18, 2003 stipulates that the total number of gifts accepted by national civil servants that are not related to their own business within one year shall not exceed 6,543,805 won; Public officials can accept general hospitality such as tea, coffee and public banquets, but they cannot accept gifts and gifts related to their profession; The gift money given by public officials to weddings and funerals cannot exceed the prescribed scope, and must be truthfully reported to the "Public Officials Ethics Committee".
The experience of some countries and regions proves that the construction of a clean government cannot be separated from an independent, authoritative, complete and powerful national clean government institution. In order to ensure the implementation of anti-corruption laws and regulations, many countries have set up corresponding anti-corruption agencies to prevent and combat corruption of public officials. The United States has a civil servant discipline department, France has a discipline committee, Japan has a political ethics review committee, Austria has a discipline committee, South Korea has an anti-corruption committee, and Singapore has a corruption investigation bureau. These are state-level clean government institutions. In order to strengthen the authority of the legal system of clean government, various countries have endowed the clean government with great power, and made regulations on working machines, staffing and leadership system. At the same time, more than 80 countries, such as Finland, Denmark, Austria, France, Australia, the United States, Canada and the Netherlands, have established the administrative supervisor system, whose main purpose is to supervise public officials to abide by the law and perform their duties, and to protect citizens' freedom and rights from infringement.
Strengthen the prevention and containment of corruption
Through preventive legislation, many countries in the world have formulated avoidance systems, property declaration systems and rotation systems to prevent public officials from abusing power for personal gain and to prevent and solve corruption at the source.
The challenge system is to prevent public officials from using their authority and position to seek benefits or preferential treatment for their relatives. Foreign legislation generally stipulates that an official may not hire, promote or recommend his relatives to work in any institution or department controlled by the official. According to the Austrian Law on Public Officials, public officials who are husband and wife, immediate family members or collateral relatives of no more than three generations, as well as public officials with adoption, brother-in-law, marriage or inheritance relations, are not allowed to work in a specific unit under the condition that one party directly directs or supervises the other. According to Swiss regulations, people who are married or have close relatives such as father, son, brother and uncle are not allowed to hold subordinate positions. France stipulates that when a civil servant's spouse engages in profit-making private activities in a professional capacity, the civil servant must declare to his administrative department or institution.
Property declaration system has become a worldwide anti-corruption measure. The purpose of this move is to determine and distinguish whether the means of obtaining property is legal. Many countries have enacted and promulgated laws requiring government officials to declare their property. Property declaration system generally includes the object, time, content and punishment of property declaration, which is comprehensive, clear and easy to operate and execute. The American Moral Reform Law stipulates: "The president, vice president, members of Congress, federal judges and staff of the administrative, legislative and judicial organs must report and disclose their own and their spouses' financial situation, including income and personal property. And then they have to declare it monthly. It also made detailed provisions on the acceptance, storage methods, storage period, disclosure methods, inspection procedures and review of property declaration materials, as well as penalties for refusing to declare and making false declarations. In addition, the United States "Integrity Law" also stipulates that relevant government officials must fill in property and income declaration forms, and those who fail to report within the time limit will be prosecuted by the judiciary. The declaration form is examined by the Independent Commission Against Corruption (ICAC), and any illegal gains should be dealt with immediately. The declaration form can be consulted by news organizations and the public. France 1988 "Law on Transparency of Living Funds for Politicians" stipulates that public officials must report their own property, including the quantity, source, increase and decrease of the property, to the designated supervisory organ for examination and supervision. Once the property owned by a public official is found to be inconsistent with his legal income, and the official cannot explain its legal source, it will be regarded as illegal income and punished. In 2002, Mexico established the "Acceptance and Processing System of Personal Property Declaration of Government Civil Servants" on the Internet. Civil servants can send personal property information to the system through the internet to complete the declaration, and those public officials who do not have internet access conditions can submit printed texts with personal signatures. In 2002, the National Audit Office of Mexico punished 10000 national civil servants who failed to declare their property status on the website designated by the government on time, and left their posts without pay 15 days.
The rotation system is mainly to cultivate the ability of civil servants to adapt to various workplaces, accumulate more work experience, reduce the possibility of corruption of public officials to a certain extent, and make it rare for government officials to form a corruption network by controlling a department for a long time. The Japanese government stipulates that senior national civil servants are generally transferred once every two years; The middle and junior civil servants are generally transferred once every three years, and these transfers are mainly carried out between different departments. In addition, Japanese government agencies, central and local governments, and governments and state-owned enterprises also exchange in rotation. This has become a system and is very common. In the United States, 3,000 to 5,000 federal government officials change jobs every four years. The way of job-hopping is personnel exchange between the federal government and state and local governments. This exchange lasts for a year or more.
Seriously investigate and deal with violations of law and discipline.
For public officials who abuse power for personal gain in violation of relevant laws, civil service laws in various countries clearly stipulate disciplinary measures. Many countries regard abuse of power for personal gain as the main content of the legal system of clean government, and impose severe sanctions on this kind of behavior. Generally speaking, in addition to the heavier punishment of deprivation of personal freedom, economic punishment is also needed.
According to the federal criminal law of the United States, any government official who receives property worth more than $7,000 will be fined three times the value of the property he receives, or sentenced to imprisonment of less than 15 years, or disqualified from government officials. Defoe served as the deputy director of the White House Office in the Reagan administration, and pulled a lot of business for American government officials and lawmakers, and was finally sentenced to 15 years in prison.
Germany stipulates that civil servants cannot accept gifts exceeding 50 marks, otherwise they will be subject to different degrees of disciplinary action, including warning, serious warning and dismissal from public office. In addition, the German government has formulated laws and regulations from the perspective of criminal law to severely punish officials who violate the law in economic activities. For example, public officials violate their duties in the process of government bidding and let a bidder who is beneficial to them win the bid. This kind of bribery will be punished by criminal law. The first level of punishment is imprisonment for 3 years (imprisonment for 5 years if the party concerned is a judge), and the third level is imprisonment 10 years, with a fine. The amount of the fine is determined from one month's salary to 10 year's salary according to the situation. According to British regulations, civil servants who commit corruption, bribery and abuse of government funds will be dismissed and disqualified from receiving pensions, which constitutes a crime and will be subject to criminal punishment.
In the relevant laws and regulations of various countries, there are generally strict regulations on the housing, car use, medical care and official reception of public officials. Once you violate it, you will be punished accordingly. For example, in terms of official cars, many countries provide private cars or official cars according to the level of officials. This car can only be used for official business, not for personal affairs. After the official who is equipped with a special car resigns or retires, the qualification for using the special car will be cancelled immediately. German officials at all levels generally do not restrict the use of cars when handling official duties, but the scope of car use is limited. For example, officials in Berlin can only use private cars when performing official duties in Berlin and its surrounding areas. If you are on business elsewhere, you should use public transportation. The Finnish car is only used by public officials when performing official duties, and it is not allowed to use the car for normal commuting and personal affairs free of charge. It is ok to commute by car, but it is an extra treatment, which is equivalent to increasing personal income. You should pay taxes according to the bill. If you conceal it, you will be punished according to the situation.
In order to prevent the relatives of public officials from using improper means to seek personal gain, many countries have made corresponding preventive provisions in this regard when formulating relevant laws, including the system of withdrawal of relatives. At the same time, the state also severely cracked down on the illegal acts of relatives of public officials. 1997 the son of south Korean president Jin Yongsan was arrested for corruption. During Kim Dae-jung's tenure as South Korea's president, his two sons took advantage of their special position to accept money in the name of dredging the relationship between companies and enterprises, and were prosecuted by the South Korean procuratorate for violating the "mediation for profit" clause in the Law on Aggravated Punishment of Specific Crimes. In the end, both of them were sentenced and severely punished by law.