The Protection System Of Internal Whistleblowers In Unlawful Act Of Securities

It is not uncommon for the company's internal whistle-blowers to disclose the company's incidents.By exposing and correcting corruption and fraud in the public and private sectors,and other types of illegal acts,the company and individuals are subject to due punishment for violations of laws and regulations,and safeguarding the public interest and the company's interests.Therefore,reporting is considered an integral part of the securities market governance.However,due to the relative vacancies in China's current system,the institutional legislation for the protection of internal whistle-blowers has not been perfected,resulting in frequent incidents of violations of internal whistleblower rights,adding unnecessary difficulty to the supervision and enforcement of government departments,and ultimately neglecting Internal whistleblower protection.The lack of protection for whistle-blowers within the company will make potential internal whistle-blowers who have evidence of violations or violations of the company afraid to report or be forced to compromise.This is not only unfavorable to the company's development,but also detrimental to the stable development of the social economy.The internal whistleblower protection system is a system that promotes the stability of financial markets and enhances the transparency of the financial system,which provides protection for individuals who report violations of securities.In addition to the introduction and conclusion,this article is divided into four parts:The first part,through the search of the court's judgment documents,the "Notice" issued by the CSRC in 2001 and the "Interim Provisions on Reporting" issued in 2014,several cases in which the whistle-blowers in the country caused resentment by the company and the regulatory authorities The statistics of law enforcement announcements analyze the operation of the existing system in China.By distinguishing the internal whistleblower protection system from the need to distinguish between internal reporting and external reporting,defining the meaning of the so-called "retaliation" behavior,analyzing the institutional logic of protecting internal whistle-blowers,and the core elements of the system,Overview.In the second part,if there is no theory as a support for the implementation of the system,coupled with the unpredictable market trends in the financial sector,the ever-changing product model will be as unpredictable as the “tofu” project.Therefore,this paper analyzes the sources of internal whistleblower's rights and obligations,analyzes the internal whistleblower's loyalty to the company from the perspective of sociology of law,or chooses to maintain the public interest to follow the self-conscience and choose to report the right relationship,and analyze the system's internal motivation through incentive theory.To lay the foundation for the analysis of the problems and suggestions for improvement.The third part is the analysis of the existing problems in our system.The announcement information of the CSRC,the announcement information of listed companies,and the new media reports and relevant court cases can reflect the defects of the internal whistleblower's protection system: whistleblower information disclosure,malicious reporting are not uncommon,reprisals are not protected,anti-retaliation protection The lack of the system,etc.,by analyzing the problems existing under the existing system,is conducive to "the right medicine",and the core of the problem can be found to make perfect suggestions accordingly.The fourth part,after the above theoretical research,analysis of existing problems and drawing on the useful experience outside the domain,combined with China's actual national conditions,put forward suggestions for improving and perfecting the internal whistleblower protection system in China,and strive for the supervision of China's securities market.A thin force.