The Mechanisms Of Whistleblowing Accounting Fraud In Listed Company On The Perspective Of Law

At the end of the last century,accounting fraud scandals frequently broke:Enron,WorldCom and Xerox in America,Mike Weir in the UK,Mitsubishi Motors,snow food in Japan;Qiongminyuan,Yinguangxia and Oriental electronics and so on.In every country,it is necessary to make a new law on the management of the listing Corporation.At the same time,The disclosure of accounting fraud in the public and private sectors has a broad space for development,This study has important practical significance for the perfection of our country's accounting legal system,the management of accounting fraud cases,and the maintenance of the socialist market in our country.Many countries and regions have been specialized in the form to complete the legal system construction at the end of the last century.In this paper,we introduce the laws of the protection of whistleblowers in the United Kingdom,the United States,Japan,South Africa,Australia,New Zealand,Malaysia,as an example to clarify the legal system of whistleblowing.In legal structure,subject to disclosure fraud is employees of the company who understand the situation of internal staff;subjective need to be “good faith” and “reasonable to believe”;the facts object of disclosure has occurred or may occur of the company's illegal and improper behavior;in the process,according to the high and low levels of threshold of exposure protected by the law,there can be divided into the internal exposure and outer exposure,the company should set up internal disclosure mechanism combining with the internal control of the requirements.On the basis of reviewing the current laws and regulations of our country,we try to put forward the legislative framework of China's whistleblowers protection of our country,and finally put forward some suggestions to enterprises and individuals.