2004Journal of Nanchang UniversityRequires access

How to Control the Confict of Interest in China Law

YI Ben-yu

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Abstract

China is confronted with more complicated and diversified social problems in the transformation stage and the core problem is to control the evident conflict of interest.In view of the particularity of conflict at present,it is necessary to control through law.In order to achieve this objective we should start from both the macro and micro angles with the legislation and justice,through the measure of distribution,guarantee and control of interest.On the one hand,the legal status of interest parts should be established,the rational framework of interest distribution be set up,and the interest direction be guided;on the other hand,the mechanism of relieving and interfering should be set up with fair justice in order to restrain illegal interest and make balance of the legal interest,with which the specific interest conflicts can be settled at micro level.

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China is confronted with more complicated and diversified social problems in the transformation stage and the core problem is to control the evident conflict of interest.In view of the particularity of conflict at present,it is necessary to control through law.In order to achieve this objective we should start from both the macro and micro angles with the legislation and justice,through the measure of distribution,guarantee and control of interest.On the one hand,the legal status of interest parts should be established,the rational framework of interest distribution be set up,and the interest direction be guided;on the other hand,the mechanism of relieving and interfering should be set up with fair justice in order to restrain illegal interest and make balance of the legal interest,with which the specific interest conflicts can be settled at micro level.

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Available abstract

China is confronted with more complicated and diversified social problems in the transformation stage and the core problem is to control the evident conflict of interest.In view of the particularity of conflict at present,it is necessary to control through law.In order to achieve this objective we should start from both the macro and micro angles with the legislation and justice,through the measure of distribution,guarantee and control of interest.On the one hand,the legal status of interest parts should be established,the rational framework of interest distribution be set up,and the interest direction be guided;on the other hand,the mechanism of relieving and interfering should be set up with fair justice in order to restrain illegal interest and make balance of the legal interest,with which the specific interest conflicts can be settled at micro level.

Key concepts: Legislation, Law and economics, Economic Justice, Core (optical fiber), Order (exchange), Control (management), Law, Conflict of interest

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