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June 22, 2009 unified national prosecutors opened 12309 hotlines. 12309 opened nearly a year, the Supreme People's Procuratorate received a total of 290,000 reported cases online
According to the Supreme People's Procuratorate material displayed in the report to the prosecution of those suspected of criminal informants, about 70% of the whistleblower suffered varying degrees of retaliation or disguised retaliation. Among them, various kinds of "hidden retaliation" whistleblower act, because it means "lawful" behavior hidden, difficult to define, has been in a legal remedy "marginal dead."
In the recently held "2010 Report Attorney Forum", some experts believe that China's Protection of informers has some obvious flaws and omissions in the legislative field. Experts suggest that a single line should develop and improve various laws and regulations,air max 90 pas cher, in order to build a comprehensive system of protection of the right to citizens to report
□ viewpoint concern
Newspaper reporter Du Meng
Zhang Wenying had worked in Chongqing, a nursery for 10 years, but since 2006 part-time accounting, a variety of names to make money to send her heart abnormalities contradictions. Late last year, she refused to receive their share of the money distributed, and report to the higher unit kindergarten.
After the report found no significant effect when the new semester, Zhang Wenying copy some of the accounting records for distribution to parents,woolrich outlet, until the kindergarten where the District Board of Education Discipline Work Committee involved in the investigation, found that kindergarten children 5 years has been trapped inside for food and divide . But let Zhang Wenying did not expect that, in February this year, she was dismissed.
"To do so, a Si Anning finally got inside, but the cost is very heavy." Zhang Wenying said.
Examples of Zhang Wenying's not the case. July 27, 2009, Hebei Province, a middle school teacher Mabao Min received from Fuping County Commission for Discipline Inspection, the county public security bureau, county labor Personnel Bureau, the county Board of Education out of the disposal notice: expelled from the party, the administrative demerits. At the same time, he was locked up in a detention center, this accident occurred after he reported the village cadres to defraud the land requisition.
Although Mabao Min thinks there is sufficient evidence to prove themselves and villagers report is no doubt true, but he was able to get support departments to report lost confidence.
According to professional statistics, in the report to the prosecution of those suspected of criminal informants,http://store.shopping.yahoo.co.jp/cio/n0100100907.html, about 70% of the whistleblower suffered varying degrees of retaliation or disguised retaliation.
In 2009, Henan Lingbao youth Shuai posted on the Internet, "Lingbao farmer Drought trick", to expose an area of the home government to engage in illegal construction of industrial parks, local police on suspicion of libel in the name of the arrested and Detention Shuai in Shanghai.
Although this sensational country, "Wang Shuai post event" eventually Lingbao municipal government admitted the public security organs of law enforcement is at fault, and related land acquisition compensation standards in accordance with the new standard compensation of 28,900 yuan per mu, Shuai also take to 783.93 yuan of state compensation. However, Shuai said, "never to report things as too costly."
In February this year, Hubei Yunxi Youth Yonggang report by posting local leaders to engage in image engineering, County Public Security Bureau in the name of defamatory Yonggang decision on administrative detention 8th.
But the more Yonggang Shuai much luckier, as the matter by the County Public Security Bureau parent organization --- Shiyan City Public Security Bureau of great importance to the review of the review, Shiyan Municipal Public Security Bureau Public Security Bureau ordered YUNXI revoked Yonggang administrative detention decision, according to Ministry of Public Security "policemen, law enforcement fault accountability provisions" seriously pursue the responsible person's responsibility to Yonggang apology, in accordance with the legal provisions of the State compensation Yonggang.
It is understood that with the further increase public participation and continuously improve the legal supervision of the way,scarpe hogan outlet, report growing enthusiasm of the people, but it is like a shadow of whistleblower retaliation incidents have occurred national anti-corruption efforts.
And compared to Shuai, Yonggang experience, the reality of all kinds "hidden retaliation" whistleblower act, because it means "lawful" behavior hidden, difficult to define, it has been in a legal remedy "marginal dead" .
Beijing Municipal People's Procuratorate prosecutor at Kongshen Luoshou Liang told the "Legal Daily" reporters, the so-called "hidden retaliation" refers to illegal means in addition to a flagrant insult to injury informants, but by "legal" means of implementation of retaliation , especially those who have "the right to deploy personnel," the informants, often in the name of "work needs", informants make a "transfer" position on the appointment,http://bbs.cqcxkj.cn/home.php?mod=space&uid=285637, "down", "stop", "withdrawal" decision,http://store.shopping.yahoo.co.jp/spark-inc/kit-55wu-h3c-97.html, or promote the implementation of its "off", "card", "pressure" and other decisions.
For the "invisible retaliation", the Jiangxi Provincial People's Procuratorate prosecutor Zhu De was referred to as "Glass small shoe." He said that with the deepening of economic reform, business leaders continue to expand the powers, whistleblower retaliation behavior also diversified forms, some of retaliation has been put on the cloak of legalization,parajumpers homme, it is difficult to define. In practice, often occurs after informants reported wearing "Glass small shoe" situation. Such as by optimal combination of the expiration of the employment contract, mention promotion level wages, bonuses and other opportunities for job transfer to informants, laid off, fired, not to mention level,moncler outlet, not promotion or withholding of bonuses, as well as dismissal or expulsion; inspired leadership collective discussion the administrative decision of the informer unfair treatment,http://store.shopping.yahoo.co.jp/gion/mp-116wh.html, such as the use of informants shortcomings in work, seized on the issue, to make improper handling of informants and so on.
Zhengzhou Municipal People's Procuratorate prosecutor Yangzu Wei believes that "the phenomenon of whistleblower retaliation indifference, inaction and even tolerated, not only will seriously dampen the enthusiasm of the majority of the informants, as well as encouraging evil arrogance of whistleblower retaliation."
Anonymous high
Encounter "hidden retaliation" hard by the presence of relief problems, led to the growing number of anonymous whistleblower.
According to the Supreme People's Procuratorate, the person in charge, the Supreme People's Procuratorate as early as 2001 began to establish a network reporting platform, but clues continues to decline after 2002, until 2009 to begin to reverse. The reason is that June 22, 2009 unified national prosecutors opened 12309 hotlines. 12309 opened nearly a year, the Supreme People's Procuratorate received a total of 290,000 reported cases online, which reports the number of cadres above the county level to reach 7074 people.
Statistics from the Henan Provincial People's Procuratorate also confirmed: 12309 unified report phone after the opening of the prosecution changed the Henan clues downward trend for four consecutive years, the first rebound. Since 2009, Henan Province, prosecutors handled clues 16,093, prokaryotic 1362, transferred filing 719.
"Legal Daily" reporter learned that the masses clues picked up at the same time, there have been cases of high anonymously.
Statistical data from the Jiangxi Provincial People's Procuratorate show that in recent years,http://store.shopping.yahoo.co.jp/m-one-m/downy-antibac-4.html, Jiangxi Province in the prosecution filed a complaint report, the proportion of high Anonymous: 2008 procuratorates at all levels accepted its jurisdiction clues total 4489, including anonymous 2745, accounting for 61.1%; 2009 procuratorates at all levels accepted its jurisdiction clues 3726,http://www.replication.jp, anonymous 2203, accounting for 59.1%; in the first quarter of this year, procuratorates at all levels accepted its jurisdiction leads 690, 404 anonymously, accounting for 58.6% .
Zhu De was believed that there is such a high proportion of anonymous reporting, on the one hand reflects the whistleblower self-protection awareness has been enhanced, the other for the prosecution informants reveal distrust.
Encourage corruption legislation to protect the rights of whistle-blowers
"The masses is an important means to strengthen supervision, curb corruption, the fight against crime. However, the current of the protection of informers obvious defects and omissions in the legislative field." Luoshou Liang said.
Shenzhen University Law School professor Zouping school to participate in "China 2010 Report Attorney Forum" is also put forward this view. He believes that "Although our report on the protection of citizens' rights, there are some principle in the Constitution, the Penal Code, Criminal Procedure Code and other laws and other regulations, the Central Discipline Inspection Commission, the Supreme People's Procuratorate, Ministry of Public Security and other state administrative law enforcement departments also formulate their relevant reporting protection provisions, such as the supreme people's Procuratorate in 1991 formulated the "on the protection of citizens to report rights provisions," but it is, after all, merely internal prosecutorial system requirements, not national law, and many provisions are too principles and careless, poor operability, limited practical effect. "
Zouping doctrine: "Overall, there is not explicit in the legal aspects of what the state should assume responsibility to informants, informants and received no clear legal relationship between the nature of the reporting institution, not to highlight the rights of whistle-blower protection principle systems and procedures of the system construction, the relevant provisions and principles or lost in the abstract, or lost in the dispersion and messy, is not conducive to protecting the rights of whistle-blowers and to encourage people to fight corruption and enthusiasm. "
He said the country should strengthen the commitment to protect the right of citizens to report constitutional duty to accelerate the "Flag Law" the legislative process.
He suggested to the "Report Law" to protect the rights of citizens to report base dry, well-developed all kinds of single law and regulations,http://store.shopping.yahoo.co.jp/topism/bottoms-29.html, and to protect the rights of whistle-blowers to report the legal system as a logical starting point and destination, the scope of rights in clear informants, accepting responsibility and obligation to report mechanism, improve the system of reporting procedures, the establishment and protection of the rights related report of confidentiality,http://store.shopping.yahoo.co.jp/ebest-dvd/0000000938436.html, respect safeguards regime informants, informants benefit system, informants claimed relief system to improve the legislative and institutional innovation, to build complete citizens to report rights protection system.
