香港首长级公务员离职后的从业规管机制及其借鉴  

On the Regulatory Mechanism over the Employment of Hong Kong's Directorate Civil Servants after Their Leaving Office

作　　者：姚秀兰[1] 

机构地区：[1]深圳大学法学院,广东深圳518060

出　　处：《深圳大学学报（人文社会科学版）》2017年第2期30-37,共8页Journal of Shenzhen University：Humanities & Social Sciences

摘　　要：首长级公务员是公务员的核心,位高权重,其言行更具影响力,所以,对首长级公务员离职后从业监管显得非常必要。相对于内地而言,香港首长级公务员离职后从业规管机制建立早,形成了"先批准,后从业"的规管机制;区分不同薪级点公务员,实行不同管制期限和从业限制,并向公众公开。这一规管机制实施多年,对维护香港公务员队伍的公信力颇为有益,法律价值明显,获得了香港社会认同。但目前内地对公务员离职后从业的监管还缺乏明晰、统一的监管机制,"官员下海经商"、"权力期权化交易"等现象严重,反腐倡廉已成为当今时代的主攻点。因此,学习、借鉴香港首长级公务员离职后从业规管机制,对于完善内地相关制度颇有现实意义。Directorate civil servants are the key members of civil servants. They are in high positions of power, and their words and deeds have broader ramifications. Therefore, it is necessary to regulate their employment after their leaving office. Hong Kong established a regulatory mechanism earlier than Chinese mainland and has formed a mechanism of ＂employment upon approval＂. The regulatory term and job restriction are applied in accordance with the salary level of the civil servants, and the relevant information is made public. Having been in operation for years, this mechanism helps to retain the credibility of Hong Kong＇s civil servants and has obvious legal value. It is thus widely recognized by Hong Kong people. Chinese mainland, however, lacks a distinct and unified mechanism in this regard. As a consequence, the phenomena as officials going into business after leaving office and the option right realization of power are serious. Anti-corruption is a primary task for China today, In this case, it is of great practical significance to learn from Hong Kong＇s regulatory mechanism over the employments of the directorate civil servants after their leaving office so as to perfect relevant systems in Chinese mainland.

关 键 词：香港 首长级公务员 离职后从业 规管机制 

分 类 号：D676.58[政治法律—政治学] D630.9[政治法律—中外政治制度]