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Media: how does the American whistleblower system protect the deep throat from reprimand and retaliation?

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 Media: how does the American whistleblower system protect the deep throat from reprimand and retaliation?


Whistleblower and whistleblower system are imported from America. Whistleblowers are also known as whistleblowers and internal whistleblowers, that is, internal insiders expose and report illegal clues.

In order to avoid the negative impression that the term insider or informer may convey, American civil rights activist Ralph Nader put forward the term whistleblower in the 1970s. Because it well conveys the positive image of standing up for social justice, Whistler has been used up to now.

The whistleblower system refers to the system in which the person who has the information about illegal activities reports the information to the regulatory law enforcement agencies and shares the law enforcement benefits such as fines obtained from law enforcement after the success of law enforcement.

Why the whistleblower system?

Why establish a whistleblower system of internal and external disclosure?

The social division of labor is becoming more and more refined, and the internal situation of all walks of life is becoming more and more complex. In this reality, it is increasingly difficult to achieve results only by relying on external forces to carry out investigations and audits from the top to the bottom.

Therefore, countries around the world are actively building a bottom-up insider reporting system. The international community generally believes that whistleblowers can significantly reduce the cost of government supervision and play a deterrent role to enterprises and organizations with major problems.

Although the name of the whistler is foreign, there is no lack of corresponding tradition in China.

The Chinese government has always encouraged informed citizens to report and report illegal and criminal acts.

But different from the mature Whistler system, the former is more about moral persuasion to the people, encouraging the people to fight against illegal crimes, while the complete Whistler system is the institutionalized law enforcement mode of cooperation and sharing of law enforcement power between the government and the people, and it is widely used in financial securities, food safety, corruption control and other law enforcement fields.

My government has taken action in this regard.

In September 2019, the current government formulated and issued the guiding opinions of the State Council on strengthening and standardizing the supervision after the event, including the deployment of whistleblower system.

The purpose of the opinion is to establish a market supervision system that is more in line with the requirements of market economy and rule of law economy. It is clearly proposed that we should give full play to the role of social supervision, establish systems such as whistle blowers and internal whistleblowers, and give heavy awards and strict protection to the meritorious personnel who report serious violations and major risks.

How strict are whistleblowers to be protected?

In the United States of origin, the whistleblower system has a long history, which can be traced back to the early days of the founding of the peoples Republic of China more than 200 years ago.

At that time, the government agencies were not perfect, and there were also deficiencies in law enforcement funds and resources. The government authorized some law enforcement matters to individuals to exercise, and allowed individuals to share law enforcement benefits or provide certain rewards. Its essence was the product of limited government.

The common bounty hunter in American Westerns is this institutional arrangement. When the government is unable to hunt down the fugitives, it will entrust the task to the citizens with extraordinary skills and reward them after success.

The first U.S. bill to protect whistleblowers was passed on July 31, 1778, two years after the declaration of independence was signed. Since then, in 1861, the civil war in the United States began, and the domestic chaotic market environment once again promoted the great development of Whistler system.

At that time, there were many businessmen in the United States who made a lot of money in the war and made huge profits by cheating the government. At that time, the federal government was unable to thoroughly investigate these practices of favoritism due to its limited human and material resources, so Congress came up with a creative solution of whistleblower.

In March 1863, Congress passed the false declaration act, which formally legislated to protect whistleblowers who reported private and government misconduct. Because the false declaration act was passed under President Lincoln, it was also known as the Lincoln act.

More than 100 years later, in contemporary America, whistleblowers provide accurate illegal information and assist in law enforcement. After the success, whistleblowers can share 10% to 30% or higher fines, compensation and other law enforcement achievements.

According to statistics, between 1987 and 2013, the U.S. Government recovered 38.9 billion dollars in losses under the false declaration act, 70% of which, or more than 27.2 billion dollars, were due to whistleblowers information.

Many laws and regulations in our country will also provide rewards for whistleblowers, but the rules are general, and the amount or proportion of rewards is very low. For example, in 2014, China Securities Regulatory Commission issued the Interim Provisions on reporting illegal acts of securities and futures, which stipulates that only 1% of the rewards are granted, and the maximum reward is no more than 300000 yuan.

But if we want to establish the whistleblower system successfully, we must have brave men under the reward.

The former is only beautiful to look at without the latter.

The success of the whistleblower system in the United States not only benefits from high bonus incentives, but also is based on strict protection of whistleblowers.

To what extent? The president can also be reported anonymously.

In the Watergate incident, it was precisely relying on the key behind the scenes information provided by the people called deep throat by the media that led to the downfall of Nixon, then president of the United States. The identity of deep throat has been a mystery for more than 30 years since the Watergate incident broke out.

It wasnt until 33 years later, in 2005, 11 years after Nixons death, that mark feldt, a 91 year old former deputy director of the FBI, admitted that he was deep throat.. Since then, the term deep throat has become a general term for anonymous information providers.

It shows the governments deep intention to put forward the heavy award and strict protection at the same time.

In the actual development and evolution, the public opinion does not always praise the whistleblower system.

After the Watergate incident came to light, there were two kinds of arguments about feldts behavior.

Opponents believe that insider information related to the president is of great importance. Unauthorized disclosure of internal investigation documents is not only a breach of secrets, but also a suspicion of dereliction of duty or obstruction of judicial justice.

Further, under the system of whistleblower, malicious false accusation and frame up will be easily abused, which will increase the cost for law enforcement and judicial departments to identify valuable information. However, even if the actors purpose is noble, it will threaten the justice of justice and national security to disclose internal documents to the media in the name of public interest.

(function() {(window. Slotbydup = window. Slotbydup| []). Push ({ID: u5811557, container: ssp_, async: true});}) (); the support opinion thinks that public power may indeed be abused. However, when power does evil, someone must stand up and say no, rather than keep silent. When deep throat publicizes documents to the media, it is an inevitable choice, and the conventional legal path has proved to be impossible. System improvement and good governance have always been a game of multiple reasonable demands, not once and for all. But the truth must be more and more clear. The spirit of whistleblower system is to awaken and promote every citizen, both inside and outside the system, to maintain social justice. It believes in the power from the bottom up and rejects the power and arrogance from the top down. In order to commemorate the great contribution of countless whistleblowers to the social progress of the United States, the United States Congress designated July 31 as the national whistleblower day every year in 2013. The establishment and improvement of Chinas whistleblower system is not a one-day success. Maybe we can start from this step. Read about 80 doctors and patients with pneumonia in the hospital of Wuhan mental health center, one family in Zhuhai, six people and five people who have been diagnosed with pneumonia, and the passengers in the upper row of the bus are also infected with real-time updated map of new pneumonia. Source: China Economic Weekly editor in charge: Yu changzong | nbj11145

In the opinion of support, public power may indeed be abused. However, when power does evil, someone must stand up and say no, rather than keep silent. When deep throat publicizes documents to the media, it is an inevitable choice, and the conventional legal path has proved to be impossible.

System improvement and good governance have always been a game of multiple reasonable demands, not once and for all.

But the truth must be more and more clear. The spirit of whistleblower system is to awaken and promote every citizen, both inside and outside the system, to maintain social justice. It believes in the power from the bottom up and rejects the power and arrogance from the top down.

In order to commemorate the great contribution of countless whistleblowers to the social progress of the United States, the United States Congress designated July 31 as the national whistleblower day every year in 2013.

The establishment and improvement of Chinas whistleblower system is not a one-day success. Maybe we can start from this step.