The Chinese food incident takes place frequently Inside reports the mechanism and demands urgently to set up

The Chinese food incident takes place frequently Inside reports the mechanism and demands urgently to set up
It is not merely the internal informer's protection question that the system that inside reports is built and constructed - -Though this is a subject problem, and the discipline right and restriction on it of public interests of right that enterprises dismiss, a great deal of legal problem, ethics problem such as the conflict among enterprise's reputation right, the labourer's secret obligation and reporting need solving In recent years, the food incident takes place frequently, the insider fails to report what one knows of a case, the external mechanism is supervised weakly; The spirit in even if expose occasionally, that cause is checking while organizing rapidly " " . In July of 2011, the office of security council of food of the State Council released " instruction on setting up the system of reporting of the offence with lottery of food security ", require all parts to set up the system of reporting of the offence with lottery of food security. But it is perhaps difficult to be effectual that this kind of reporting of the offence system builds constructing. The most important measure is probably reported by inside, but this kind of inside is reported not that a reporting of the offence with lottery can be promoted or encouraged. How to activate inside to report, how to protect the internal informer effectively, how to weigh rationally between public interests and enterprise's interests, improve enterprise's self- detergent power, improve the important problem of the social safety level at present. The realistic background that inside reports is in the modern society, with the completion day by day, organizing the enlargement, improvement of complexity, wide application of science and technology of the scale of enterprises, the illegal levels of enterprises are improved progressively, but find and prevent the difficulty of the illegal activities from strengthening. Replying to various criminal offences, it is no doubt very important to strengthen supervision, but supervise and often lack the effect because it is difficult to obtain internal bad information. And under the background of streamlining organizations, the limited enforcer has reduced the possibility to find bad information. By the look of high angle that fines of cruel punishment, the outside perhaps can achieve the low reaches detered, generally prevented from and manage the result temporarily while supervising, but perhaps because information is insufficient, and result in punishing severely and lacking the substantial results. And devote more efforts to punishing excessively, may contravene proportion principle. It is the same that inside reports the system of supervising, auditing with inside etc., contribute to letting enterprises make more transparently even more, be responsible for, thus promote the ethical levels of enterprises, then promote it to develop healthily and benignly. Report and often involve important value such as public security, health and happiness within the question that inside reports or initiates. But report the incident to look from a great deal of inside, inside is reported even if safeguarding public interests, also may initiate a great deal of questions, need the norm on the system badly and protect. First of all, the informer's rights and interests are difficult to protect. The possibility suffering a tremendous influence from reporting of the offence is an informer, he may be cut a salary, is transferred to another post, dismisses because of this, it is unable to go on and is engaged in the same even the same kind of job. The informer will bear the colleague and even cold eyes discrimination of the society, even will be murdered. Secondly, the interests of enterprises are apt to incur loss. The insider often has the obligation to keep secret according to the law, contract or trade rule, can't let out the information learnt in the post course to administrate the irrelevant third person of the post, this is the need of protecting enterprise's competition interests. In addition, if the information that inside reports is false, once it is improper to deal with, will bring the adverse effect to enterprise's interests. A consideration when should become system design to safeguard the order in the enterprise, protect the reputations of enterprises etc.. Moreover, the trusting relationship between enterprises and the informer needs maintaining. The informer can obtain or touch important information, often include trust and expectation to him of the organization or superior. Inside is reported will undoubtedly destroy this kind of trusting relationship. Moreover, the office is connecting close network of personal connections, intimate friendship and mutual trust, once expose the drawbacks of enterprises, may influence others' interests and enterprise's interests, even influence one's own interpersonal relationships. So, it is not merely the internal informer's protection question that the system that inside reports is built and constructed - -Though this is a subject problem, and the discipline right and restriction on it of public interests of right that enterprises dismiss, a great deal of legal problem, ethics problem such as the conflict among enterprise's reputation right, the labourer's secret obligation and reporting need solving. The mechanism reported to inside ensures in our country, inside exists to reports the mechanism, but the overwhelming majority is very sparse, the protective measure to the informer is too generally, also see the sign not paying attention to protecting enterprise's legitimate interests. Under the severe social security situation, it is necessary to make a special one, does not divide the field, not divide " public beneficial reporting of the offence law " (can take food trade as the pilot project first) public and private ,Give informer abundant protection on one hand, on the other hand will even carry on rational weighing among enterprise's interests and public interests. The comprehensive legislation helps to avoid the list is by no means exhaustive. In legislative competence and formal, public beneficial inside reports the system and should be confirmed in the form of law by National People's Congress and Standing Committee. This is because the weighing and are suitable for being finished by National People's Congress and Standing Committee of various interests, in order to realize the requirement with proper democracy; And only the law has enough authorities to abolish the inappropriate restriction to reporting, just enough means protect the informer that should protect, offer public beneficially and lift and respond with and take precedence over enterprise's honorary legal position, announce that prohibits the speech clause in the civil contract invalid and lightening the informer's burden of proof, deciding whether to reward or not,etc. or not. But objective reality is that only relying on the law is difficult in order to fully protect the informer. The retaliation measures of enterprises are multifarious and impossible to defend, intricate causality is different to prove sometimes; When the gate that hires is closed tightly, the law is unable to guarantee to force it to open again; The unable consolation informer of the law receives the pain on soul because of reporting. "Compare with the pressure that the society offers to the informer, any protection that the law offers to the informer seems unconvincing and unable. " Report often and look at society by supercilious look about inside,with "in spirit " Match. , brat-packer, troubling the manufacturer but in the internal informer is not the nest instead, but the purifying device oneselves of enterprises, one of the guardian of public service, indispensable mechanism of organizing self-perfection. With the development of implementation and market economy of the law, enterprises will weigh the advantage and disadvantages, think of the long-term benign development, must operate legitimately, bear community responsibility, set up a set of effectual purifying the mechanism oneself. Like this, the new culture regarding inside is reported will take shape gradually, this will contribute to reducing the informer's worry too, form the partnership between enterprises and the labourers, the cooperative administration of the society will be improving. Wang GuiSong

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