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Study On Anti-corruption Reporting System

Posted on:2017-01-02Degree:MasterType:Thesis
Country:ChinaCandidate:C X XuFull Text:PDF
GTID:2296330488965547Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
At present, anti-corruption report in China can be classified as procuratorial reporting system and anti-corruption via internet (AVI). The first one means that the whistleblower provide clues directly to the relevant authorities (mainly the procuratorate and discipline inspection departments), which is named as procuratorial reporting. The second one means to report through the network (including the anti-corruption website, and now more through blogs), which is named as anti-corruption via internet (AVI). Among them, the anti-corruption via internet is not only a hot spot, but also the focus of the lack of the system.In recent years, the continuous improvement of the legal system makes anti-corruption work more efficient and humane. However, the negative factors still exist. On the one hand, we need to balance the citizen right of supervision and the infringement of reputation, the crime of false accusation, solving the influence of illegal reporting; on the other hand, we need to refine the anti-corruption legal procedures, such as the department of accepting the report, the acceptance procedures, the relief procedures, and so on. Besides, the protection measures to the whistleblowers and the implementation of incentive measures are also in consideration, including the payment standard of report bonus, the amount, the receive time and procedures.This is also the reason why the conflicts happen in China in the last few years:on the one hand, the anti-corruption efforts increase continually; on the other hand, the phenomenon of corruption is still high. "National anti-corruption practice has proved, there is not a country which rely on massive anti-corruption movement to success, including South Korea and Italy. The successful anti-corruption country are all going through a long-term commitment to institutional building, such as Singapore and Hong Kong." United States formulated the "fraudulent claims that" as early as 1863, and then they passed the law to protect informants whistleblowers in 1989. Besides, the British launched the public interest disclosure act in 1998; Germany also has the witness protection law. The promotion and development of anti-corruption reporting system has an important value for the democratic participation in supervision and the construction of the rule of law in China. In view of the advantages of anti-corruption reporting system and the current situation in China, we need to put the anti-corruption report system on the rule of law.To the people of reporting, the objects should not be limited to informants. In addition to informants, the close relatives of informants should also be included, even the ones who is closely related to the informants can also be included. When it comes to the acceptance organ, we should establish a unified and independent reporting body, such as the Independent Commission, and we should give it the power of investigation and supervision, and the qualification of reporting. The committee can accept applications for reporting through a variety of ways, such as a telephone accepting reports automatically, password reporting, and network reporting. Legitimate network report does not mean to report on the public network, but report through the specialized reporting sites according to the specialized procedure. Procuratorial reporting system is the main way to report, anti-corruption via internet is a supplementary way. Besides, anti-corruption via internet should retain its independence, in order to encourage a supplement. And the protection of citizens’ privacy should be paid attention to, especially to the malicious false report, which should bear the corresponding tort liability. In addition, the committee should provide protection, relief and incentives to the informants. Such as to make clear the whistleblower protection mechanism, normative protection program, establish whistleblower confidentiality of information system, the identity of the whistleblower reset system and informer security system. Besides, the committee should also give some reward to citizens who suffered in reporting.
Keywords/Search Tags:Anti-Corruption, Reporting System, Relief Measures, Protective Measures, Compensation and Incentive Measures, Anti-corruption Via Internet(AVI)
PDF Full Text Request
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