美国防止利益冲突的经验及其对我国的启示

防止利益冲突法是国家为了厘清公益与私利的界限，约束公职人员的行为，防止公职人员公权私用、以权谋私（或以职谋私），保证其廉洁从政的法律规范。美国是防止利益冲突立法较早并取得良好成效的国家。美国成功的秘诀是：法律可操作性强，监督有效、到位，相关配套制度完备。虽然我国在建立防止利益冲突制度方面也进行了探索，但由于停留在党纪政纪层面，缺乏权威性、强制性和威慑力。我国的防止利益冲突制度设计粗糙，可操作性差，加之监督不力，相关制度不完善，因此，成效甚微。为了有效遏制和预防腐败，我国应当尽早出台《防止利益冲突法》，同时应当完善相关法律，如《公职人员财产申报法》、《政务公开法》、《行政程序法》、《新闻法》等。

Experience of the U.S. to Prevent Conflicts of Interests and the Enlightenment for China

The law to prevent conflicts of interests aims to draw a clear line between public and private interests, restrict public officials’ conducts, prevent the abuse of powers, prohibit the use of public powers(or positions) for personal purposes, and thus to keep the political honesty. America has legislated such laws at an early stage and has achieved excellent effects. Its secret lies in the aspects including the good operability of the law, the effective and exhaustive supervision, and the complete supporting system. Although China has also explored to build a system to prevent conflicts of interest, however, it fails to achieve a satisfactory effect. It is caused by the remaining in the discipline level of the party and government, the lack of the authority, and the absence of coercive and deterrent features. What’s more, the system is poorly designed with a poor operability, a deficient supervision, and the imperfect relevant system. In order to stifle and prevent corruption effectively, China should build "the Law to Prevent Conflicts of Interests" as soon as possible, and at the same time improve the relevant laws, such as "Public Functionary Assets Disclosure Law", "Public Administration Law", "Administrative Procedure Act" and "Press Law" etc.