CCTV News (Reporter Sun Xiaoyuan): A few days ago, Liu Yinyue of Taikang County, Henan Province reported Xia Moumou, a former mother-in-law and employee of Taikang Sub-branch of China Agricultural Development Bank, with her real name, that "the source of huge property was unknown and she ate empty salary", which continued to attract attention. At present, Xia Moumou’s husband Li Moumou is under investigation.
The right to report is an important right stipulated in our constitution. Under the background of ruling the country according to law, what is the process of acceptance and feedback of online real-name reporting? Do whistleblowers have to have evidence to report? CCTV reporter interviewed Liu Chuanmanuscript, a lecturer, doctor of law and postdoctoral fellow of capital university of economics and business Law School on related issues.
Is real-name reporting a way for citizens to exercise their right to report?
Liu Chuangao: The right to report is an important right stipulated in our Constitution. China’s Constitution clearly stipulates that People’s Republic of China (PRC) citizens have the right to criticize and make suggestions to any state organ or state functionary; Any state organ or state functionary has the right to lodge a complaint, accusation or report to the relevant state organ for illegal or dereliction of duty, but shall not fabricate or distort facts to make false accusations or frame up.
If the informant uses his real name or the name of his unit and has specific contact information such as telephone number, it is a real-name accusation. There are many ways to report, for example, mailing letters, reflecting in person, making phone calls, etc., and you can also send electronic materials to the reporting website of discipline inspection and supervision organs, WeChat public platform, mobile phone client and other online reporting acceptance platforms.
If it is only exposed through the real name of the network, is it a report?
Liu Chuanmanuscript: Strictly speaking, online real-name reporting should be reported to the online acceptance platform of state organs in the form of real names. If the prosecutor simply exposes the illegal and dereliction of duty of the relevant state organs and state functionaries through the online media in a real name, but does not report to the relevant state organs, it is not a legal report.
However, state organs that investigate and deal with the illegal and criminal acts of state functionaries, such as the Commission for Discipline Inspection and Supervision, the public security organs, etc., should perform their functions and powers to investigate and deal with violations of discipline and law according to law if they find the materials reported by others through real names on the Internet, find out the authenticity of the materials and deal with them accordingly.
Do prosecutors have to have evidence to report?
Liu Chuanmanuscript: Under normal circumstances, the prosecutor should have clues or relevant evidence that the state staff violated the law. In other words, the report materials should have substantial content.
The supervision and inspection department of the discipline inspection and supervision organ shall carefully screen the received report materials, and return the report with no substantive content or the report accepted by other discipline inspection and supervision organs to the complaint reporting department according to procedures after communication and research and approval.
If the report is false, what legal responsibilities will be involved?
Liu Chuanmanuscript: False reporting should be discussed according to different situations: First, civil liability. The prosecutor may infringe on others’ reputation, privacy and personal information. At this time, the prosecutor should bear civil tort liability according to law.
The second is administrative responsibility. If the prosecutor fabricates facts, falsely accuses and frames others, and attempts to subject others to criminal investigation or public security administration punishment, if the circumstances are serious but do not constitute a crime, the prosecutor needs to bear the administrative responsibility of administrative detention and fine.
The third is party discipline. If the whistleblower is a cadre in party member, and he reflects the problem by fabricating facts or forging materials, with the intention of causing others to suffer adverse political influence, loss of reputation or accountability, it is a false accusation and will be dealt with severely according to the rules and regulations, or handed over to the relevant authorities for handling according to law.
The fourth is criminal responsibility. If the prosecutor fabricates facts and falsely accuses and frames others with the intention of making others subject to criminal investigation, if the circumstances are serious, he shall be guilty of false accusation and frame-up, and he shall bear criminal responsibility according to law. Of course, if the prosecutor doesn’t mean to frame it, but makes a false accusation, or the accusation is inaccurate, he doesn’t need to bear criminal responsibility.
How to strike a balance between the right to report and the protection of personal privacy?
Liu Chuanmanuscript: The Internet is not a place of extra-legality, and citizens need to exercise their power according to law. The state encourages and protects the right to report in accordance with the law, including through online channels, and will give certain rewards to cases reported by real names after verification; The procuratorial organ will also inform the result of the disposition of the accused according to law.
However, the prosecutor shall exercise the right to report according to law. For example, the prosecutor needs to be responsible for the authenticity of the report, and must not exaggerate or distort the facts, and must not falsely accuse or frame others. In addition to the information that the accused is suspected of violating discipline and law (crime), the personal information of the accused shall not be transmitted or disclosed without authorization. Otherwise, you need to bear the corresponding legal consequences.
While protecting citizens’ right to report, the state also protects citizens’ right to privacy from multiple levels through the Civil Code of People’s Republic of China (PRC), the Personal Information Protection Law of People’s Republic of China (PRC), the Public Security Administration Punishment Law of People’s Republic of China (PRC) and the Criminal Law of People’s Republic of China (PRC). At the same time, both the right to know and the right to privacy are protected, so as to achieve a balance between them in legal protection.
