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Legal considerations of conflict of interest

Author: WangHui
Tutor: LiuJinGuo
School: China University of Political Science
Course: Legal Theory
Keywords: Conflict of Interest Legal Balance Legislation justice Interest Measurement
CLC: D90
Type: Master's thesis
Year: 2006
Downloads: 499
Quote: 6
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Abstract

The benefits of China's social transformation pattern of change is unprecedented. How to properly regulate the pattern of distribution of benefits , coordination of conflict of interest , balance the specific interests of building a harmonious society the rule of law has become the primary problems facing the country . In this paper, the philosophy of law , sociology of law perspective thinking of building a harmonious society in conflict of interest issues were studied: hope and the reasons for the conflict of interest law investigation and response times , explore the path of the justice of the legislative and judicial measure interest method , thus to balance the interests of balancing mechanism for the idea to establish a legislative and judicial relief mechanism, which is a conflict of interest to the legal control of the inevitable trend . The overall structure of the paper , the paper include: introduction , conflict of interest of Law , a legal response to a conflict of interest , conflict of interest legislation control , judicial settlement of conflicts of interest and the conclusion of six parts. Introduction The main account of this writing background , writing intentions. The first chapter , from the legal investigation of the basic connotation of a conflict of interest . Conflict of interest is based on the interests of the differences and conflicts of interest arising from disputes and competing interests , it emphasizes the fact that the conflict of interest and intrinsic basis . The evaluation should be subject to legal conflicts of interest must be two conditions: First, the order must be a violation of the rule , the basic aspects of the system , as well as mainstream moral consciousness . Second, the conflict must be laws to adjust the main body of law that is both natural and legal persons. Chapter II , from the legal investigation of conflicts of interest in our country on the basis of reason and law raised outlook for the balance of interests . Rules fail , legislative imbalance , judicial shortcomings , the government dislocation is the main reason for the current surge of conflict of interest , while the balance is an inherent requirement of harmony , when the construction of a harmonious society as a whole to become the basic value orientation , the law should also reshape the image of the times , uphold tolerance attitude , take on coordination, balance , and guide to achieve a dynamic equilibrium interest task. Chapter legal mechanisms investigated from the legislation how to achieve fair and balanced conflicts. Equitable distribution of benefits is reasonable legislation qualitative requirements , this paper explores the justice legislation , balance the interests of institutional design : the physical , the follow justice, fairness, equality and the principle of balancing rights and obligations made on a reasonable allocation ; procedure, require excellent legislative hearings , establish avoidance system , broaden the expression mechanism . Conflict of interest legislation balance is through justice legislation, establish a reasonable mechanism for integration of interests , distribution, security and consultation interests , at the macro level to prevent conflicts of interest . Chapter IV , from the judicial investigation how to resolve conflicts of interest and balanced microscopic methods . This paper analyzes the relationships and conflicts of interest based on the type of interest by foreign interests measure of investigation, analysis of the balance of interests in our country or measurable process , methods and legitimacy problems . Conflict of interest is through judicial control

Legal considerations of conflict of interest

Abstract

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