The construction of America and its reference

Author / source: Lu Tao

In the last year to the United States to carry out the "city law and supervision" theme during the training, we have listened to the experts and scholars to lecture, the office of the New York state comptroller, the New York State Council Office of New York civil servants, government public administration / civil servant management committee, office, American administration moral affairs USA government asked responsible for administration and other 15 units. Now I have some thoughts in the study on clean government construction of a sort.
    One, American honest construction survey
    Corruption is a worldwide problem. And USA corruption can long-term stability at a relatively low level, the mechanism, and effective checks and balances of power allocation, perfect legal system, strict supervision inseparable.
    (a) the construction of the mechanism American
    In order to ensure the impartiality of law enforcement work, not influenced by political forces, anti-corruption agencies USA has considerable independence. In addition to the procuratorial organs, the Federal Bureau of investigation and other institutions have anti-corruption functions, USA also set up the mechanism of some of the more special. One is the general accounting office. In 1921, American issued "budget and accounting method" decided to set up the direct responsible to the Congress of the American department audit, to strengthen the supervision and examination of public money income, expenditure and the use of constraints and reduce administrative officials, breach of privilege, corruption and extravagance. In 2004, the agency was renamed the "America Government Accountability Office", its mission is "to discover and reflect the truth", the scope of audit business continues to expand, the direction of development for "strengthening the government responsibility, improve government performance". Two is the icac. According to the "government behavior moral law", the establishment of the ICAC in the personnel management office. In 1989, the Department became an independent institution, directly by the president, and to the president and Congress work report. Its main duty is the moral behavior management of government officials at all levels of the property declaration affairs and supervision of government officials. The three is the office of the inspector general. In 1978 American promulgated the "law" provisions of the inspector general, the establishment of the office of the inspector general in the government agencies responsible for the supervision department, whether operating in accordance with the law, policy and audit standards, audit and coordination of criminal investigation, clean government supervision and policy supervision. Four is the office USA administration ethics. The main function is to prevent conflicts of interest and to supervise the implementation of the law, audit the financial disclosure reports.
    The mechanism of independent operation, respectively in charge of Congress or the president, but also complement each other and together, have good relations of cooperation, institutional leadership as de Committee members. In the presence of corruption, the inspector general investigation, the Justice Department is responsible for deciding whether to prosecute, ethics office is responsible for the interpretation of the law, together for the construction of a clean and honest administration service.
    (two) separation of powers and checks and balances
    USA from the early years of the Republic had realised that power is very corrosive, and absolute power corrupts absolutely, so the core idea of construction of a clean and honest administration lies on the dispersion, power restriction and supervision.
    American decentralization firstly for legislative, administrative, judicial separation of three rights, each system plays the role of each, each other at the same time constraints. Congress has legislative power, the president of the Congress has the power to veto, Congress has the power to override the president's veto under certain conditions; the president has the right to appoint senior officials, but must be approved by Congress, Congress has the power to impeach the president and senior civil servants; the Supreme Court judges appointed by the president and approved by Congress, the supreme court while the Congress passed the law as unconstitutional because declared invalid. Decentralization and balance principle, the three departments, Congress president, the court to exercise the powers of, each other mutual restraint.
    Secondly, American decentralization is also reflected in the various aspects of political life. USA designed system a series such as "automatic correction mechanism", make all kinds of social forces such as political parties, interest groups, the media also involved in policy formulation, let political life process and results for multiple centers of power interaction. The second half of the nineteenth Century, America Congress enacted the "conflict of interest laws" to protect the interests of all parties to the conflict to participate in decision making, or make a decision, the realization of "ambition against ambition", so as to further prevent the over concentration of power corruption, ensure the balance of power, but also to the community supervision of power.
    (three) a comprehensive detailed legal system clean
    USA federal and state legislative system two sets have attached great importance to use the law to regulate the conduct of public officials, law act. Only federal officials rules will reach more than 4. Especially in twentieth Century 70's "Watergate", for the construction of legal system America large-scale, introduced a number of government laws and regulations. One well-known include:
    "Overseas anti-corruption law". This is America enacted in 1977 a law to prohibit Usa Inc, bribery of foreign government officials, is the control America enterprise foreign bribery main legal. The severe punishment measures and strict internal accounting system requirements, a full range of constraints on the Usa Inc. Company law, in addition to being directly people, criminal punishment, loss of goodwill will be more heavy. Therefore, the implementation of the law, to rebuild the public confidence in the market and the American transnational enterprises, business ethics.
    The restriction on public officials regulations. 1965 promulgated the "government officials and employees moral conduct criterion", all kinds of senior officials and their spouses, children's property declaration made regulations. In 1978 USA Congress promulgated "the government behavior moral law", the law of personal property declaration system on the federal government in the system, and made detailed provisions on working behavior of government officials after the. In 1989, the Bush administration has revised the law, promulgated the "government ethics reform act", the official after the scope of Employment Act restricted to members of Congress and senior members of Congress, restrictions on executive turnover behavior has also been revised, also provides lower officials to declare personal and family property. In 1992, the federal government enacted the "moral agency administrative department employee moral code of conduct", in the gift, conflicts of interest, breach of privilege, part-time job outside, etc made detailed provisions, and with a large number of examples. This is a cross section of the law, is to further refine the two laws and perfect, which embodies the moral requirements and norms of behavior in politics. 1985 "government staff moral standards" provisions shall not in any form of public to private transactions. America law also stipulates, government officials in after not a year back to the original work of the Department is engaged in lobbying for others, violators shall subject to criminal punishment.
    A ban on foreign corrupt official entry to. In recent years, America authorities recognize that in practice, many corrupt officials has been and is on the American social poison, and damage the national interests. America President Bush 2004 promulgated a ban, forbid any foreign corrupt officials and their families into the American. USA ban, for those who have fled to the USA or ready to flee to the America corrupt officials have great deterrent effect. According to the order, American has refused to a large number of Latin American countries corrupt immigration, especially the anti-corruption action group USA has been cleared in the corrupt property, and may deport them.
    The legal America has the following three characteristics: one is the legislation mostly preventive regulation, not punitive provisions, is a prevention oriented government legislation system. This reflects the basic attitude towards corruption American society is to avoid corruption events, nip in the bud. The two is the legalization of morality, the office of personnel of the moral requirements to be cured, the rise to the legal norms, with law enforcement to ensure the implementation of moral. Three all kinds of legal provisions are very fine in place, the matters set forth in very specific, so that every officer can "seats", operability and applicability is very strong, and easy to implement in practice.
    (four) the entire surveillance system, multi link
    The supervision system USA very perfect, congressional supervision, internal supervision, judicial supervision, supervision of the party, the news supervision, non government organization, supervision, public supervision and other multi pronged, complement each other, to weave the Skynet strict supervision.
    Full disclosure system. USA enacted many laws to improve the transparency of government decision-making. Such as "information disclosure law" stipulates: "citizens have the right to see American unless otherwise prohibited by law all federal or state government documents, and the realization of this right without any necessary reasons and request." "Sunshine government law" provisions, 50 institutions of the federal government and committee meetings must be held in public, all the meetings are open to the public, a live television, voters can freely participate in the meeting. A government office in the office of the Secretary and manager of the office, can claim to any material. All government institutions, commuting time, address, telephone, e-mail addresses are available, even America presidential address, telephone and e-mail address. In 1978, financial disclosure, in the three system of administrative, legislative, judicial established financial disclosure system. The reform act of 1989 to further improve the public financial system.
    Specification of the property declaration system. USA civil servants property declaration system is divided into a public declaration and the declaration of two kinds of secret. The so-called open declaration refers to personal property report to the public, any citizen may view or copy. Senior officials and employees to publicly declare. Secret declared materials may not be disclosed, from the internal, applicable, junior officers and employees, but the public may at any time on the contents of the declaration signed by someone access, access to the competent authority will be notified to the person. Civil servants do not declare the property.
    Strict financial control and audit. USA government to strengthen the financial supervision is one of the most important measures of anti-corruption struggle. First, the budget and the financial operation shall be full open, and accept the supervision of the public. Organs of the various funds and funds from bank escrow rather than by the organs of financial personnel management, certificate of bank according to the procedures and organs issued transfer funds. In addition, the parliament chief accountant office is also responsible for the supervision of funds. The multiple mode of supervision the misappropriation, embezzlement case is difficult to occur.
    Supervision by public opinion strong. In the freedom of the press, America there is a law: unless it can be proven that the media has actual malice, otherwise the officials reported if not accurate, but also from the judicial investigation. The supervision of public opinion USA open to the government and relevant laws and regulations of the citizen's right to know as the basis, so as to ensure the effective implementation of the supervision of public opinion. At the same time, American media to attract eyeball, often spending huge sums to bribe officials scandal, objectively constitute a powerful supervision function of government officials.
    Powerful control approach. The government supervision mechanism USA moral agency, the office of the prosecutor, the government officials prior supervision problems, diversity. Engineering projects such as the Chicago City Hall ethics committee required every and government officials dealing with the contractors, agents, in a meeting with officials must be in before

(magazine, 2008-10-7 16:31:49)