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Does China have a mechanism for allowing whistleblowers within the government to speak out and protect them?

Over the past few years, the Chinese government has on numerous occasions highlighted the need for public companies to implement an internal whistleblowing system. In September 2019, the State Council issued the Guiding Opinions on Strengthening and Standardizing In-process and Ex-post Regulation (Guiding Opinions), requiring both central government ministries and provincial governments to establish whistleblower protection systems. In May 2020, the Chinese government promulgated the Civil Code of the People’s Republic of China (Civil Code), requiring organizations and enterprises to prevent workplace sexual harassment through carefully investigating complaints of sexual misconduct by employees, implicitly encouraging whistleblowing.

Adding to this one-two punch, China now has an enforceable regulation specifically designed to encourage and reward whistleblowing. In July 2021, China's Ministry of Finance (MOF) and State Administration for Market Regulation (SAMR) issued the Interim Measures for Rewards for Whistleblower Reports of Major Violations in the Field of Market Regulation (the "Measures"), which became effective in December 2021. The Measures provide that a whistleblower will be awarded a monetary sum, up to RMB 1 million (approx. US$ 157,000), when certain conditions are satisfied. These conditions are as follows: (1) the whistleblowing report must be related to a major violation of law (e.g., violations leading to substantive punishments such as suspension/shutdown of production and business, revocation/cancellation of licenses, and criminal prosecution), (2) SAMR is not already aware of the contents of the report; and (3) the whistleblower reports are substantiated upon investigation, and the cases have been closed.

The Measures set relatively low thresholds for qualifying as a whistleblower. Generally, a whistleblower must be a natural person rather than a legal person. To qualify for an award, a whistleblower also cannot be a government official, a professional investigator paid by other parties, a participant in the wrongdoing, or an intellectual property owner directly harmed by any wrongdoing involving infringement of such intellectual property. The Measures also discourage fraudulent reporting. For example, the Chinese government may withdraw a reward if it determines that the whistleblower forged materials or concealed material facts. In serious cases, it may also hold the whistleblower criminally liable.

China also now has whistleblower protection mechanisms in place. An employer that retaliates against a whistleblower may be liable for administrative and criminal penalties. The whistleblower may also be entitled to reinstatement of employment (with back pay), or alternatively compensation that is twice the statutory severance pay that the employee would have been entitled to under a lawful dismissal.

https://www.cliffordchance.com/insights/resources/blogs/regulatory-investigations-financial-crime-insights/2022/04/whistleblowing-in-china-demystifying-the-myths-financial-accountability-regime-bill-2021-cth-a-far-away-prospect-implications-for-the-industry.html

It seems there are laws in place to protect people working for companies or organizations, but the information therein doesn't cover protection made available for whistleblowers within the CCP, so is there any law that protect whistleblowers and what kind of information about the CCP can they leak?

I am assuming sexual harassment in the government by a government official is fair game, but it doesn't seem to cover things like government officials withholding information from the people, or things of that nature.

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    Regardless of what the law actually says, the reality is that if you go against the party there ain't anything that's going to protect you. We just saw this for sexual harassment women's tennis, so no that's not fair game either. She was instead made to do her video "was just a misunderstanding!!" and that was that.
    – eps
    Commented Aug 18, 2022 at 14:32

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China has whistleblowers protection laws on two fronts - "corruptions" and "biosecurity". The latter seems not in the OP's interest, as it mainly focuses on encouraging the healthcare workers to report any imminent health risks, so it will not be addressed here.

For the former, per i-sight.com, "China’s Regulation on Labor Security Supervision 2004 gives whistleblowers the right to report any act that breaches a law, regulation or decree. It also requires that reports be kept confidential, that whistleblowers are not retaliated against and even, in some cases, that they are compensated for their information.

In 2014, the Supreme People’s Procuratorate (SPP) developed Rules for Dealing with Whistleblowing which outlines the rights and protections of whistleblowers, including the right to follow-up on the status of their report and the right to request protection orders. That same year, China amended the Rules on the People’s Procuratorate on Whistleblowing Work to provide additional rights and protections for whistleblowers.

Then, in 2016, the SPP released a new set of regulations called Several Provisions on Protecting and Rewarding Whistleblowers for Reporting Duty Crimes. These provisions redefine retaliation, offer larger incentives for reporting misconduct and provide greater levels of confidentiality and protection for whistleblowers and their families.

For more information, see:

  • Regulation on Labor Security Supervision 2004
  • Rules for Dealing with Whistleblowing 2014
  • Rules of the People’s Procuratorate for Whistleblowing Work 2014 (pdf)
  • Protecting and Rewarding Whistleblowers for Reporting Duty Crimes 2016"

In 2014, the Supreme People’s Procuratorate, the country’s top prosecuting body, said in a statement that new regulations outline legal rights for those exposing corruption and other malpractice. It urged people to file their reports via official channels and do it in a “lawful manner” without falsifying the truth.

"The regulations governing the work of whistleblowers' require that when the prosecutor's office receives a whistleblowing report from someone giving their real name, it has to assess the risks from the whistleblowing and develop whistleblower protection plans when necessary to prevent and end acts of retaliation against the whistleblowers," Reuters quotes the reported statement.

The party also appealed for citizens to report on wrongdoing via a telephone hotline set up by the government. However, authorities don’t provide legal protection to those who make revelations outside government channels. For example, via Chinese social networks or in the mainstream media. China to protect whistleblowers exposing corruption

I think the whistleblower within the government is a Chinese Citizen as well, so he shall have the same protection from the government/authority.

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