Research On Japan's Public Welfare Reporting Syste

Public welfare report means an employee’s act of tipping off or disclosing the illegal acts of the employer to a specific person or organization for the purpose of protecting the interests of the general public.The greatest value of public welfare report lies in that it can deter many events which may cause serious harm to the society at the very beginning,so it is of great value to individuals,enterprises and the country.As far as labor law field is concerned,when there are violations of laws,regulations or other behaviors that may jeopardize the social public interests within an enterprise,employees of the enterprise will be the first to be aware of such violations.But when they make public welfare reports,they will face many obstacles.Therefore,in order to safeguard social public interests,we should establish a hierarchical public interest reporting system which can properly protect the interests of informers.At present,there is no special public welfare report legislation in the field of labor law in China.The public welfare report system in neighboring Japan has been in operation for nearly 30 years,and its provisions are mature and perfect.Japanese public welfare report legislation adopts a single legislative model,which stipulates the protection system of public interest whistle-blowing with a special law,including proper whistle-blowing subject,proper whistle-blowing content,tiered whistle-blowing channels,protection and relief for public interest whistle-blowing,and obligations of all interested parties.In a word,Japanese public welfare report legislation effectively protects the rights of the whistle-blowers inside the enterprises,and promotes the self-purification of the enterprises,saving the external supervision cost,and maintaining the stable market economic order.But it also exposes a number of shortcomings in the process of operation,such as the scope of protected subject and whistle-blowing content is too narrow,the requirements for external whistle-blowing are too strict,and the relief measures afterwards are limited.We can learn from Japanese public welfare report legislation,make use of the existing judicial resources,and design a public welfare report protection system in line with our national conditions.