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2007 Assessment

China: Integrity Indicators Scorecard

China: Integrity Scorecard Report > Sub-Category: Whistle-blowing Measures
Indicators		Score
45	Are employees protected from recrimination or other negative consequences when reporting corruption (i.e. whistle-blowing)?	75
46	In law, is there an internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption?	100
47	In practice, is the internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption effective?	44

Indicator and sub-Indicator Details

Are employees protected from recrimination or other negative consequences when reporting corruption (i.e. whistle-blowing)?

45a: In law, civil servants who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences.

Score:

YES

Comments: But the regulations are too vague and their applicability needs improving. See [ LINK ]

References: Chapter 2 of Civil Servants Law of People's Republic of China Criminal Procedure Law of the People's Republic of China

45b: In practice, civil servants who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences.

Score:

100

Comments:

References: 1): Kong Weijun, Wu Jianwu "To Protect the Whistleblowers' Rights" Nan Fang Wang, 2004 [ LINK ]

2): "Rules of Protecting Whistleblowers" issued by Central Disciplinary Committee [ LINK ]

Peer Review Comments: I don't believe whistle blowers have much protection, and certainly even less if an official is involved in a case.

45c: In law, private sector employees who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences.

Score:

YES

Comments:

References: Criminal Procedural Law of People's Republic of China

"Rules of Protecting Whistleblowers" issued by Central Disciplinary Committee [ LINK ]

45d: In practice, private sector employees who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences.

Score:

100

Comments:

References: 1): "Citizens Actively Whistleblowing, Not Afraid of Negative Consequences", Shenzhen News, June 12, 2007 [ LINK ]

2): Liang Fahu "From the Negative Consequences on Whistleblowers to Examine Legal Deficiencies", China Economic Times, March 30, 2006 [ LINK ]

Peer Review Comments: I don't believe such people are protected.

In law, is there an internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption?

46: In law, is there an internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption?

Score:

YES

Comments:

References: Letters Center at Central Disciplinary Committee [ LINK ]

In practice, is the internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption effective?

47a: In practice, the internal reporting mechanism for public sector corruption has a professional, full-time staff.

Score:

100

Comments:

References: 1): "Nobody Answers Phone Hotline" Xibu Shangbao, Aug. 21, 2006 [ LINK ]

2): "Anti-corruption Agencies in China: Moving Forward with Many Barriers", Youth Cankao, March 2, 2004 [ LINK ]

47b: In practice, the internal reporting mechanism for public sector corruption receives regular funding.

Score:

100

Comments: In China, the internal reporting agencies will receive funding through the budgeting process. There are no tremendous cuts or increases in funding from year to year.

References: "Anti-corruption Agencies in China: Moving Forward with Many Barriers", Youth Cankao, March 2, 2004 [ LINK ]

Peer Review Comments: I think the actual situation may be less positive.

47c: In practice, the internal reporting mechanism for public sector corruption acts on complaints within a reasonable time period.

Score:

100

Comments:

References: 1): Wang Keqing, Liu Sikun "1,359 Complaints in the Past Six Years from Yongquan Village, Daqing" China Rural Areas Research Network Working Paper, 2007 [ LINK ]

2): A Comment Made by Prof. Sun Liping on Complaints [ LINK ]

47d: In practice, when necessary, the internal reporting mechanism for public sector corruption initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: When irregularities are discovered, the agency/entity is aggressive in investigating the government or in cooperating with other agencies\' investigations. <p>50 Score Criteria: The agency/entity starts investigations, but is limited in its effectiveness. The agency/entity may be slow to act, unwilling to take on politically powerful offenders, reluctant to cooperate with other investigative agencies, or occasionally unable to enforce its judgments. <p>0 Score Criteria: The agency/entity does not effectively investigate. The agency/entity may start investigations but not complete them, may refuse to cooperate with other investigative agencies, or may fail to detect offenders. The agency/entity may be partisan in its application of power.$

Comments:

References: 1): Prof. Zhou Yean, Renmin University, July 27, 2007, via phone