On The Whistleblower System In Administrative Jurisprudence

Originating from abroad,the whistle-blower system is widely used in foreign government regulation,reflecting the conflict of interests among the organization members,organization and society and the complex power relations caused by disclosure activities in the context of organizations.It becomes a new way for our government,which traditionally prefers forcible society governance with power and order,to improve its supervision efficiency and to solve its social regulation problems.While within the organization,the whistle-blower system can increase the communication between the members and the authority,stimulate the staff members' participation spirit,so that the organizations may maintain a more appropriate and concrete internal control to fulfill the systematic requirements for organizational regulation governance;it can also,by means of introducing social supervision information,be introduced into social supervision,activate the right of reporting and reduce or even prevent public loss caused by illegal organizational activities by means of information delivery,which is a vivid return of social-welfare-emphasis in the era of power.At present,part of the local governments have started the pilot work of whistle-blower system and have got some achievements,but it is still in the initial stage with low documental level,superficial understanding of the system,andemphasis on social publicity.Legally speaking,the whistle-blower system helps the government strengthen the market supervision,facilitate cooperation between the government and private partners,and even drives forward the activation of civil rights and encourages the public to maintain social morality.Structurally speaking,whistle blowers need to be defined as the members of an organization,emphasizing on their internal identity and great risk tolerance,which distinct them from general informants.Non-maliciousness and reasonable beliefs shall be put as the standard to restrict the subjective elements of whistle blowers so as to prevent management confusion and reporting overflow.We should also clarify the internal reporting and external relations reporting,establish a tiered and orderly information access system,and achieve the balance between public interests and the trust and confidentiality-maintaining obligation based on the labor contract.By means of protection measures and incentives,we shall provide institutional support and ethical care to the whistle in the meantime to stimulate whistle blowers' activeness and reduce or even eliminate their menace from the rear.Systematically speaking,we need to particularly considerate the cultural code of harmony thought,collectivism,high power distance and high-uncertainty-avoidance,ethical order and atmosphere caused by different organizational structures and various exchange and interaction models among members of organizations,and distinctive team management level.Only when integrated with the labor law,corporate law,criminal law,etc.,can we do better in whistle-blower system localization in China.The whistle-blower system in China should be based on the existing award-reporting,and further blaze out a clear,reasonable and concrete development path.Fundamentally,we need regulation innovation,which means,we should achieve the overall social regulation progress through multiple and cooperative way.