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公民对国家机关和国家工作人员提出批评、建议、申诉、控告或者检举,是宪法赋予公民的监督权利。在中国,公民通过检举、控告参与反腐败的渠道是畅通的。中国政府设有专门的信访机构,受理公民提出的检举控告和意见建议。中国共产党各级纪律检查机关、国家检察机关、政府监察机关和审计机关等都建立了举报制度,开通了举报电话,设立了举报网站,受理公民的检举和控告。对受理的举报线索,相关部门依法依纪进行调查或转送有关部门处理。在鼓励公民举报腐败案件的同时,国家重视维护举报人的合法权益。中国的刑法、刑事诉讼法、行政监察法等法律法规和中国共产党党内法规都对保护举报人作了明确规定,对举报人的有关情况予以保密,严禁泄露举报人身份或者将举报材料、举报人情况透露给被举报单位、被举报人,对打击报复举报人的行为进行惩处。
中国重视发挥舆论监督的作用。依法保护报刊、电视、广播等新闻媒体的采访权和舆论监督权,支持新闻媒体披露各种不正之风和党政机关及其工作人员中的违法违纪问题。政府有关部门高度关注新闻媒体反映的问题,积极回应社会关切,及时提出解决办法,改进工作。近年来,随着互联网的快速发展和广泛普及,网络监督日益成为一种反应快、影响大、参与面广的新兴舆论监督方式。中国高度重视互联网在加强监督方面的积极作用,切实加强反腐倡廉舆情网络信息收集、研判和处置工作,完善举报网站法规制度建设,健全举报网站受理机制及线索运用和反馈制度,为公民利用网络行使监督权利提供便捷畅通的渠道。与此同时,加强舆论监督的管理、引导和规范,维护舆论监督的正常秩序,使舆论监督在法制轨道上运行。
The Constitution endows citizens with the rights to criticize, advise, appeal, lodge lawsuit against or impeach state organs and state functionaries. In China, the channel is unimpeded for citizens to be involved in the combat against corruption by means of im-peaching and lodging lawsuit. The governments at all levels in China have set up special organs to handle letters and calls of com-plaints as well as opinions, suggestions and accusations from the people. Discipline inspection organs of the CPC at all levels, state procuratorial organs, government supervisory organs and audit or-gans have all established the offence reporting system, opened up offence reporting hotlines and set up offence reporting websites to take reports of misconduct and complaints from the people. The relevant departments, according to laws and discipline, investigate or transfer the clues of reported cases to departments concerned. The state attaches great importance to protecting the legitimate rights and interests of the informants while encouraging people to report on cases of corruption. Clear stipulations on protecting in-formants are provided in the Criminal Law, Criminal Procedure Law, Administrative Supervisory Law and intra-Party regulations of the CPC, ruling that the information about the informants must be kept confidential; disclosure of an informant’s identification is strictly banned; and punishment will be meted to anyone who dis-close an informant’s identification and conditions and/or the re-porting materials provided by the informant to the reported department or person, and anyone who retaliates on the informant.
China lays great store by supervision from public opinion. The right to interview and right to supervise through public opinion of news media, including newspapers, television and radio, are pro-tected by law. News media are encouraged to expose unhealthy tendencies of all kinds and violations of law and discipline by Party and government organs as well as their functionaries. The government departments pay great attention to problems reported in the media, actively respond to social concerns and work out so-lutions in time to improve their work. In recent years, with the rapid development and popularity of the Internet, supervision through the Internet has become a new form of supervision by public opinion that spreads quickly, produces great influence and features a wider range of participation. China highly values the positive role played by the Internet in enhancing supervision, conscientiously strengthens the collection, research, judgment and management of information regarding combating corruption and advocating integrity from the Internet. It is making efforts to enact laws and regulations on report websites and improve the accep-tance mechanism and clue application and feedback system of the report websites in order to offer a convenient and unimpeded channel for the public to exercise their right of supervision through the Internet. Meanwhile, efforts are being made to strengthen the management, guidance and standardization of supervision by pub-lic opinion so as to ensure that supervision by public opinion oper-ates along the orbit prescribed by the law.