Research On The System Of Administrative Internal Reporting

The system of administrative internal reporting,the concrete implementation of the right to exposure in the field of public administration,is rooted in Article 41 of Constitution of PRC.Based on the special internality of the subject of implementation as well as the certainty of the content of the right to exposure,the administrative internal reporting refers to the behavior that the internal personnel of the administrative organ report the administrative organ and its staff for violation of the law or dereliction of duty.The administrative internal reporting has the appearance of informer and is often despised by the public.The traditional concept also biased that it is incompatible with the organizational ethics,such as administrative loyalty.These prejudices cover up the research and practical value of the administrative internal reporting system.In fact,the system of administrative internal reporting has many advantages and values,such as strengthening the implementation of the Constitution and improving the supervision system of administrative power.At present,China needs to further discover the advantages and values of the administrative internal reporting system,and to complete the systematic construction of the system.The article will be divided into five parts to study and discuss all these problems.In the introduction part,the article firstly expounds the background of the topic and the theoretical and practical significance of the research on the system of administrative internal reporting.Secondly,it summarizes the current research on the system of administrative internal reporting both inside and outside the domain.Finally,it explains the research route and research methods of the article.The article discusses the theoretical basis of the administrative internal reporting system in the first part.Administrative internal reporting,the specific implementation of the right to exposure in the field of public administration,will continue the public power supervision attribute as well as constitutional democratic value of the right to exposure in the constitution.The application subject of the system of administrative internal reporting has the special internal nature,which makes it have the attribute of administrative self-control at the same time.The theory of constitutional fundamental rights of right to exposure and the theory of administrative self-control are the solid theoretical basis of the system of administrative internal reporting.The constituent elements of the administrative internal reporting are discussed in the second part.The subject element of administrative internal reporting is the person with internal characteristics compared with the administrative organ.The target element is divided into the illegal action of administrative organ and the violation of the law or dereliction of duty of administrative organ functionary.The object element is the public interest,which has the function of identification and restriction.The three core mechanisms of the system are discussed in the third and fourth part.In terms of incentive mechanism,combined with the incentive factors,the incentive mechanism of internal administrative reporting in our country should adopt two parallel paths: morality and law.It specifically includes the in-depth implementation of civil morality construction,the implementation of the constitutional oath system,the improvement of civil servants’ administrative ethics training as well as the confirmation of the legal right and obligation of exposure of civil servants.In terms of protection mechanism,the procedures and administrative internal reporting channels should reflect the protection measures for the identity information of administrative internal reporters.In the case of retaliation against the internal reporters,it is necessary to actively provide with afterwards retaliatory relief measures.In terms of cohesion mechanism,combined with the current situation of binary legal supervision of administrative power,the system can be externally connected with the national supervision system and the prosecutorial supervision on administration system.The fluency of specific external cohesion also depends on the further improvement of cohesion system itself.At the same time,internal cohesion mechanism should be retained and the supporting information mechanism should also be established.The legalization of the system of administrative internal reporting is discussed in the fifth part.In the choice of the path of rule of law,it is more suitable for China to choose a unified legislative model and a binary style.After introducing the concept of legislative elements and summarizing the legislative elements of different version,we can further determine the basic legislative content of the administrative internal reporting system in China in terms of the general principles,channels,procedures and the protection of internal reporters.