Research On The Restrictions On The Property Privacy Of Party Members And Leading Cadres By Internal Party Laws And Regulations

The restrictions on the property privacy of party members and leading cadres by internal party laws and regulations are due to the system’s anti-corruption,but they also face questions about the conflict between the restrictions on party laws and regulations and the protection of privacy rights in national laws.On this issue,we should first make it clear that the party’s internal laws and regulations have a parallel status with the national law,that is,both are important components of the socialist legal system with Chinese characteristics;secondly,through the theory of consent,the theory of loyalty obligations,and the theory of special power relations The analysis further clarifies the relationship between party members and party organizations,consolidates the theoretical basis for the legitimacy of party laws and regulations restricting the privacy of party members’ leading cadres,and explores the necessity of party laws and regulations to restrict the property privacy of party members’ leading cadres.The restrictions on the property privacy of leading cadres by internal party laws and regulations are mainly reflected in the provisions on the declaration of public officials’ property information.my country’s laws currently do not have provisions on property declaration,but the party’s laws and regulations provide for the reporting system of personal matters concerning the property information of leading cadres.Objectively speaking,the establishment of this system is of positive significance for combating corruption and advocating integrity,but at the same time there are problems with the system itself such as the limitations of the subject of the declaration and the content of the declaration,the lack of related supporting systems,and the system with low recognition and insufficient attention Implementation issues,and ultimately restricted the realization of the anti-corruption function of the property declaration system.Through research on related systems outside the territory,it is found that,on the one hand,Western capitalist countries mainly implement property declaration systems through legalization and leadership role models,such as the German "party legal system" system and the intra-party arbitration system;the US "Government Ethics Act";Leaders of Russia,South Korea and other countries set an example.On the other hand,socialist countries such as Vietnam,the Old and the Ancients have implemented a property declaration system by strengthening internal party supervision,party-mass contact,information disclosure,and social supervision,and achieved certain results.To improve the property privacy restrictions of party members and leading cadres in our country,we should learn from relevant experience outside the territory and combine with my country’s actual conditions to clarify the legalization direction of the property declaration system is the first step to break the party’s legal restrictions on privacy rights and the protection of national laws.The integration of internal regulations and national laws;from the perspective of system implementation,by enhancing the system identification of the reporting subject,strengthening system implementation supervision,and improving related supporting systems,it can help the implementation of property declarations and realize the disclosure of property privacy of party members and leading cadres Coordinating with the need to safeguard public interests,we strive to promote the establishment of an institutional anti-corruption system.