从国际法和国内法双重角度论官员财产公开的法理依据

官员财产公开制度建立的国际法依据和国内法依据在于,知情权和隐私权同为国际人权,知情权是国内法上的基本权利,隐私权是国内法中的人身权利;在公共利益优先原则的背景下强调知情权优先,要求官员财产公开,同时也要平衡其与隐私权的关系.通过修改《公务员法》的方式,遵循分类处理原则、正当程序原则,在法律条文中规定官员财产公开制度的依据、主体范围、公开内容、详细程序、监督措施等.

Legal Basis for Finance Disclosure of Officials from International Law and Domestic Law Perspectives

The legal basis for the disclosure system of officials＇ finance from international law and domestic law perspective is as below. Both the fight to know and the privacy fight are international human fights. In domestic law system, the fight to know is a basic fight while the privacy fight is human fight. Under the principle of giving priority to public interest, the fight to know first is emphasized and then the finance disclosure of officials is needed, while the relationship between the both should be balanced. We, by modifying Civil Servants Act and following classification processing and due process principles, could specify the principles, subject scope, content, procedure and measures for the disclosure system of officials＇ finance in articles of Civil Servants Act.