论公共服务中的利益冲突及其防范机制以美国法国和德国为例.doc

论公共服务中的利益冲突及其防范机制——以美国、法国和德国为例 Abstract Conflict of interest has been a common concept of sociology in recent years for a long time, for its special meaning in the field of public serviceWhen public officials represent both the public interest and self-interest, and there is a conflict between the two levels of the interests, theoretically, public officials are required to give up the pursuit of personal interests at the expense of public interests.Once state officials used the power of his position to seek personal gain, then it violated the public interest, and infringe conflict of interest lawThe following are the most common forms of conflicts of interests:Self-dealing,the official is on both sides of the deal;Outside employment, in which the interests of one job contradict another; Family interests; Bidding and purchasing;Staff recruitment; trade with former government employees; gifts, benefits and hospitalityThe western economists think people to pursue and imize their own interests is the basic motive force of social development. It explains the necessity of existence conflicts of interest in social life in some extent. Public officials inevitably face the conflict between the public interests that position represent and individual pursuit of private interests frequently, and the rational and preferential pursuit of their own interests,is the most fundamental reason causing conflict of interestAccording to New Institutionalism, the institution shapes and effects peoples thoughts and actions , all people are live in specific institutional range,the institution filter their ideas and change their behaviour. In this context, the failure to deal the contradiction in various kinds of interests, especially private interests and public interests;or public interests sacrifice to private interests, could lead to conflicts of interest. Thus the defective installation design is the main reason for external conflicts of interestOther improper acts tha