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The Theory Of Whistleblower Protection System Of Duty Crime

Posted on:2017-05-26Degree:MasterType:Thesis
Country:ChinaCandidate:S Y WangFull Text:PDF
GTID:2296330488973817Subject:Law
Abstract/Summary:PDF Full Text Request
Job-related crimes is an important manifestation of corruption in a country, whether the crimes committed against powerful, is the key to effectively curb corruption. And most of the crimes committed, the real name has become the norm in the fight against job-related crimes. First, the report is a fundamental right of constitutional rights of citizens, is an important manifestation of citizens to perform supervision, the state has the responsibility to guarantee the right of citizens to report. Second, with the fight against corruption is complicated, diverse forms of crime, the informer’s risk costs rising, the event suffered retaliation has occurred frequently, but rather in the judicial practice they tend to focus only on cases for investigation and neglect whistleblower protection, resulting in extremely bad social impact. Although our laws to protect whistle-blowers made some provisions, but these provisions are more dispersed, poor operability. Some whistle-blower protection measures introduced over the judiciary, such as passwords reporting system, SMS reporting reporting system, although more significant improvement in results, but these are limited to the places on not universal.China’s national conditions and should learn from the successful experience of foreign system of informers and for our own use, develop suitable for China’s "Flag" and other similar laws, and the rights and obligations and clear informants reported receiving agencies responsibility for the implementation of whistleblower retaliation criminal acts be punished, strengthening accountability mechanisms, this is the best protection for the rights of whistle-blowers. But legislation is only one part of the process of practice remains to be done from the mechanism, improve the system, through the clues management systems, security mechanisms, informants personal security mechanisms, reward and compensate for this series to establish and improve the mechanism, guarantee confidentiality clues safety, maximize the elimination of security concerns informants, informants give effective protection. In this paper, based on previous research on the integration and induction of the theoretical basis of the whistleblower protection system established in-depth study, and into their own sound recommendations to establish a fit of criminal law whistleblower protection legislation and whistleblower protection system.
Keywords/Search Tags:job-related crimes, informants, reporting legislation, confidentiality, habeas corpus
PDF Full Text Request
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