论举报人的权利保护

举报对于预防和惩治腐败、维护法律尊严具有积极意义,然而,举报人的应有权利在我国没有得到切实有效的保护,举报人遭打击报复的事件频频发生。从举报人权利保护的提出、现状及完善几个方面对举报人权利保护问题做了粗浅的探讨,以期引起相关部门的关注。     

举报人保护:现状、问题与完善路径

举报是我国民主监督的重要方式,但现实中举报人遭受打击报复的现象时有发生。当前,举报人面临报复手段多元化、举报信息泄露严重、重实名轻匿名举报等问题,其根源就在于举报人保护的配套法律法规和举报人保护机制不完善。制定专门的《举报人保护法》,成立独立的举报人保护机构,完善举报保密机制和举报人受益机制,创新举报途径,降低实名举报门槛,都是充分保护公民的举报权、鼓励公民行使民主监督权、共建社会主义法治国家的重要方式。     

论国家保护举报人的法理依据

举报是公民行使宪法赋予的检查监督权的一种重要方式,为公民开辟了"进言"的窗口,但是近年来社会上屡屡发生的打击报复举报人的恶性事件,极大地伤害了公众举报的积极性。一个举报人遭到迫害,就等于向无数人表明"举报没有好下场",其负面影响是不言而喻的,因此,建立健全举报人保护制度对于完善我国社会主义法治,发扬社会主义民主,推进反腐败斗争,都具有重要意义。     

《联合国反腐败公约》视域下中国举报人保护法制发展分析

《联合国反腐败公约》在第三十三条对保护举报人进行了专门规定,该规定不仅是对举报人在遏制贪污腐败犯罪和其他不法行为方面起到重要的作用肯定,也从一定程度上反映出目前大多数国家的举报人法制缺失或落后。我国在入约后,加快了举报人保护法制建设,并在国际上取得了较好的评价,但在执法实践中举报人遭遇打击报复与不公对待的现状并未得到有效的改变。通过对我国保护举报人现状的评价与分析,发现我国举报人保护法制依然处于较低水平,法制的象征性远大于实效性。文章通过对美国与马来西亚举报人法制进行系统的分析与总结,对建构我国举报人保护法制提出四点建议。     

从举报人双手被砍反思我国举报人保护制度

举报权作为公民的一项宪法权利,既是公民行使监督权的一种具体形式,也是公民维护社会公平正义,打击违法犯罪的重要方式.我国现行的举报人保护制度存在许多疏漏,严重制约了公民举报权功能的发挥.本文从我国举报人保护制度存在的问题出发,提出如何完善举报人保护制度.     

功利主义视角下证券监管举报人制度的完善

依据功利主义原理研究我国证券监管举报人制度.结合2020年修订的《证券期货违法违规行为举报工作暂行规定》实际,探讨目前我国证券监管举报人制度的变化和不足,并从功利主义视角提出增加举报奖励金额、建立行政申诉和反报复索赔制度、健全举报人权益保障制度等完善证券监管举报人制度的措施.     

加强公民举报权的制度保障研究

在构建和谐社会的时代背景下,面对层出不穷的打击报复事件,举报人的权利保护成为社会关注的焦点。针对我国的举报保障制度存在的一些漏洞,可以从举报线索管理模式、保密制度、举报人人身安全保护、损害赔偿及奖惩措施等方面加以改进,以构建更加完善合理的举报权保障制度。     

又见“严惩不殆”

"严惩不贷"误写为"严惩不殆"是一个常见的语用现象。日前,笔者浏览网页新闻,又和这个差错不期而遇了。刊登在"凤凰网"上的一篇新闻报道中有这样一段话:"警方郑重承诺:将切实保护举报人安全,为举报人保密,对举报有功人员将给予奖励。并呼吁该犯罪团伙的涉案成员主动投案自首,争取从宽处理。对于     

党风廉政建设视域下举报人安全机制的构建

举报对加强党风廉政建设具有非常重要的作用。然而,现在的举报制度和保护措施不健全,造成举报人屡受伤害,扼杀了举报的积极性。鉴于此,国家应该加强机制建设,制定专门的法律保护举报人,实行泄露举报人信息问责制,建立中央直管的举报信息系统,完善举报人救助制度,发挥媒体的舆论引导作用,让举报成为人民监督的重要手段。     

刹住“送礼风”不缺禁令缺机制

事实上,对于收红包这种严重违背师德的行为,近年来一直禁令不断：2010年到2014年教育部5年5次发布禁令,可还是刹不住“送礼风”,说明欠缺的不是禁令,而是一套行之有效的纠正机制。理论上,有效的纠正机制,应包括这样一些环节：能预见到后果的预防机制;举报人受到保护的发现查处机制;公平而严厉的惩罚机制。对于教师腐败而言,预防机制指的是正确支配和监督教师“特权”,     

Cross‐informant agreement of children's social‐emotional skills: An investigation of ratings by teachers,parents, and students from a nationally representative sample

This study examines the agreement across informant pairs of teachers, parents, and students regarding the students’ social‐emotional learning (SEL) competencies. Two student subsamples representative of the social skills improvement system (SSIS) SEL edition rating forms national standardization sample were examined: first, 168 students (3rd to 12th grades) with ratings by three informants (a teacher, a parent, and the student him/herself) and a second group of 164 students who had ratings by two raters in a similar role—two parents or two teachers. To assess interrater agreements, two methods were employed: calculation of q correlations among pairs of raters and effect size indices to capture the extant rater pairs differed in their assessments of social‐emotional skills. The empirical results indicated that pairs of different types of informants exhibited greater than chance levels of agreement as indexed by significant interrater correlations; teacher–parent informants showed higher correlations than teacher–student or parent–student pairs across all SEL competency domains assessed, and pairs of similar informants exhibited significantly higher correlations than pairs of dissimilar informants. Study limitations are identified and future research needs outlined.     

高校学生教学信息员制度的实践与探索——以集美大学学生教学信息员制度为例

学生教学信息员制度完善了高校教学质量监控体系,充分体现了学生是教学主体的理念,提高了教学质量。结合集美大学学生教学信息员制度的实践与成效,针对存在问题提出高校应通过加强宣传教育、畅通反馈渠道,严把质量关,完善激励和约束机制等措施来进一步完善学生教学信息员制度。     

Combined Approach to Multi-Informant Data Using Latent Factors and Latent Classes: Trifactor Mixture Model

Although collecting data from multiple informants is highly recommended, methods to model the congruence and incongruence between informants are limited. Bauer and colleagues suggested the trifactor model that decomposes the variances into common factor, informant perspective factors, and item-specific factors. This study extends their work to the trifactor mixture model that combines the trifactor model and the mixture model. This combined approach allows researchers to investigate the common and unique perspectives of multiple informants on targets using latent factors and simultaneously take into account potential heterogeneity of targets using latent classes. We demonstrate this model using student self-rated and teacher-rated academic behaviors (N = 24,094). Model specification and testing procedures are explicated in detail. Methodological and practical issues in conducting the trifactor mixture analysis are discussed.     

Preschool teachers and classroom aides: Same context,similar perceptions of children's behaviors?

This study explored the correspondence and differences between school staff perceptions of preschool children's social skills and behavior problems. One hundred preschoolers were assessed by 14 pairs of teachers and classroom aides with the Preschool and Kindergarten Behavior Scales – 2^nd Edition (PKBS‐2 Portuguese version). Indexes of agreement and disagreement were calculated. Risk levels and item analyses of PKBS‐2 scores according to both informants' ratings were compared. A higher level of agreement was obtained for social skills scores than for behavior problems (mean correlation of .62). No statistically significant differences between informants were obtained for the risk levels, and item analyses revealed a similar pattern of behaviors that were most and least rated by both informants. Results indicate that the classroom aides' perspective on preschool assessment represents a reliable input, which justifies that they network with teachers in addressing preschoolers' social‐emotional and behavioral challenges.     

Preschoolers mistrust ignorant and inaccurate speakers

Being able to evaluate the accuracy of an informant is essential to communication. Three experiments explored preschoolers' (N=119) understanding that, in cases of conflict, information from reliable informants is preferable to information from unreliable informants. In Experiment 1, children were presented with previously accurate and inaccurate informants who presented conflicting names for novel objects. 4-year-olds-but not 3-year-olds-predicted whether an informant would be accurate in the future, sought, and endorsed information from the accurate over the inaccurate informant. In Experiment 2, both age groups displayed trust in knowledgeable over ignorant speakers. In Experiment 3, children extended selective trust when learning both verbal and nonverbal information. These experiments demonstrate that preschoolers have a key strategy for assessing the reliability of information.     

Early Childhood Education in Societal Context: Teachers in Three Countries Speak About Early Childhood Education

Building on the cross-cultural patterns and systems research as well as social constructivism, in-depth interviews were conducted with key informant early childhood teachers in three regions with similar characteristics in Sweden, Russia, and in the United States. Inductive analyses revealed differences in responses among Swedish, Russian and American informants related to the macro-, meso-, and micro-levels of societal system. United States teacher informants had a great number of separate topic comments and distributed them more evenly across all levels than did Russian and Swedish teacher informants who had more emphasis at the meso level. United States and Russian teacher informants discussed the lack of societal support for young children and their families, while Swedish teacher informants seemed to almost take this support for ranted. United States teacher informants suggested that early childhood programs were important in developing support networks among parents, while Russian teacher informants often gave information to parents and Swedish teachers spoke about mutually sharing information. United States teacher informants desired both strict rules with strong academic content and extension of the child's initiations through play; they emphasized activities and materials. Swedish teachers discussed a child- centered approach to social learning and creativity and desired to be with children rather than do activities with them. Russian teacher informants emphasized the importance of obedience, aesthetic education, and preparation for school and the labor of the larger society. These study outcomes deepen understanding about the multidemensional relationships between early childhood programs and societal contexts in which they are embedded, and they suggest alternative approaches to working with young children and their families.     

Characterizing Children’s Expectations About Expertise and Incompetence: Halo or Pitchfork Effects?

Do children expect an expert in one domain to also be an expert in an unrelated domain? In Study 1, 32 three‐ and four‐year‐olds learned that one informant was an expert about dogs relative to another informant. When presented with pictures of new dogs or of artifacts, children who could remember which informant was the dog expert preferred her over the novice as an informant about the names of dogs, but they had no preference when the informants presented artifact labels. In Study 2, 32 children learned that one informant was incompetent about dogs whereas another was neutral. In this case, children preferred the neutral speaker over the incompetent one about both dogs and artifacts. Taken together, these results suggest that for children, expertise is not subject to a “halo effect,” but incompetence may be subject to a “pitchfork effect.”     

Children Trust a Consensus Composed of Outgroup Members—But Do Not Retain That Trust

Children prefer to learn from informants in consensus with one another. However, no research has examined whether this preference exists across cultures, and whether the race of the informants impacts that preference. In 2 studies, one hundred thirty‐six 4‐ to 7‐year‐old European American and Taiwanese children demonstrated a systematic preference for a consensus. Nevertheless, the initial strength and persistence of that preference depended on the racial composition of the consensus. Children's preference for consensus members belonging to the same race as themselves persisted even when only one consensus member remained to provide information. When the consensus consisted of different‐race informants, preference for the consensus was initially apparent but lost when only one member from the consensus remained with the dissenting informant.     

INFORMANT EFFECTS ON BEHAVIORAL AND ACADEMIC ASSOCIATIONS: A LATENT VARIABLE LONGITUDINAL EXAMINATION

Discrepancies among informants’ ratings of a given child's behavior complicate the study of linkages between child behavior and academic achievement. In the current study, we examined the potential moderating effect of informant type on associations between behavior and two types of achievement in a longitudinal growth model that captured children's development from 54 months of age through fifth grade. Latent internalizing and externalizing behavioral constructs, as separately measured by mothers and teachers, were modeled as time‐varying predictors of achievements to capture changes that occur as children progress through different developmental stages. Behavioral ratings obtained by both informants explained largely equivalent levels of reading achievement variance, and teachers’ ratings of child behavior explained more variance in analytic type achievements than did those of mothers.     

Comparing Multi-Informant Assessment Measures of Parental Monitoring and Their Links With Adolescent Delinquent Behavior

Objective. Parents’ poor monitoring of adolescents’ whereabouts and activities is commonly linked to adolescents’ increased engagement in delinquent behaviors. Yet, different domains of parental monitoring (parental monitoring behaviors versus parental knowledge) and reports from multiple informants (parent versus adolescent) may vary in their links to delinquent behavior. Design. Seventy-four parental caregivers and 74 adolescents completed survey measures of parental monitoring and knowledge, and adolescents completed self-report surveys of delinquent behavior. Results. We observed low-to-moderate magnitudes of correspondence between parent- and adolescent-reports of parental monitoring behaviors and parental knowledge. Adolescent self-reported delinquent behavior related to parent and adolescent reports of parental monitoring behaviors and parental knowledge, with adolescents who self-reported engagement in delinquent behaviors evidencing lower levels of parental knowledge and higher levels of poor monitoring compared to adolescents who did not self-report engagement in delinquent behaviors. Adolescent self-reported engagement in delinquent behaviors evidenced stronger links to parental monitoring when based on adolescent reports of monitoring (relative to parent reports), whereas stronger links held between adolescent self-reported delinquent behavior and parental knowledge when based on parent reports of knowledge (relative to adolescent reports). Conclusions. Links between monitoring and adolescents’ delinquent behavior vary by the kind of monitoring measure completed as well as the informant completing the measure. These findings inform measurement selection in research and clinical assessments of parental monitoring and adolescent delinquent behavior.`