Study on Whistleblowing System and Protection of Whistleblowers in the Field of Anti-corruption in China
Corruption is a kind of crime that is difficult to be detected because of its concealment,which shows that the whistleblowing system plays an important role.There is a long history of exposure or reporting system in China.From the concept of whistleblowing and its behavioral patterns,combined with the consideration of the particularity of China's reporting system,it is acknowledged that the whistleblowing behavior is a kind of reporting behavior,but the exercise of the subject is limited to the organization's internal personnel,and is limited to a specific national authority to report(external disclosure).Taking the current legislative status of China's existing reporting system as a foundation,coupled with reference to foreign legislation,it is believed that China's current laws should systematically distinguish whistleblowers from general reporters to protect the former separately.Specifically,it is to gradually establish and improve the whistleblowing system in China from the following three aspects:clarifying the content of whistleblowing,protecting whistleblowers,and constructing incentive mechanisms for whistleblowers.On December 29,2023,the Amendment to the Criminal Law(Ⅻ)was passed,providing legal means to punish corruption crimes within private enterprises and further responding to the national call for anti-corruption initiatives.The whistleblowing system needs to be improved accordingly,so as to better counter corruption and clean the social environment.
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