Research On The Legal Problem Of Whistle-blowing

The Whistle-blowing system is the direct outcome of the burst of corporate scandals, and also an urgent need to corporate governance. The Whistle-blowing system reflects the participating in the corporate governance of employees, and plays a positive role in the maintenance of public interests. However, there is a doubt that whistle-blowing of employees infringes the Property of Information of companies. How to balance the interests between the public and companies, in other words, the protection of and limits to the right of employees, is the central part in the legislation of the Whistle-blowing, be it also the focus of this paper.Chapter one introduces the basic theories of the Whistle-blowing system, including the meaning, feature, value and the necessity and possibility of the establishment of it. It observes that the establishment of this system is the practical need to complete internal control mechanism, and to the participation in international competition. According to the systemic analysis of this chapter, we can conclude that the Whistle-blowing system contributes to the perfection of the internal control of companies, and to the accomplishment of the law goals, and reflects the fulfillment of Corporate Social Responsibilities.Chapter two starts from the theoretical problems of the establishment of Whistle-blowing mechanism in freedom of employment and the obligation of loyalty. It discusses the principle of "the Public Policy Exception to the Employment-at-will Doctrine" and the reinterpretation of the obligation of loyalty in judicial practice of the United States, then gives theory support to the establishment of Whistle-blowing.Chapter three specifies the legislation of Whistle-blowing mechanism in England, focusing on the protection of the Whistle-blowers and limits to their right, and tries to explore the balance point for the mechanism. The protection system of the Whistle-blower includes due procedures, anti-retaliation and encouragements, etc.; the limits to whistleblower’s rights means that the prior of internal whistle-blowing to the external one.Chapter four discusses the establishment of the Whistle-blowing system in China, including the necessity, the lack of institutions, theoretical obstacles and system construction, etc. On the basis of the priority of internal whistle-blowing, the mechanism allows the employees to whistle-blow to public media in particular circumstances, and introduces the mental damages into anti-retaliation mechanism.