行政违法行为举报奖励制度研究

A Study of the Incentive System on the Reporting of Administrative Illegal Practices

行政违法行为举报奖励制度是预期收益大于预期成本的有效制度,已在一些部门和地区的实践中发挥了积极的作用。举报悬赏是行政机关执行的一种带有私法性质的法律行为,属于一种特殊的行政合同。但是,现实中执法部门对举报奖励制度的态度仍然是工具主义的,举报奖励制度在实施的过程中受到广泛的关注和质疑,甚至引发了一些法律纠纷。为此需要在举报奖励制度的适用事宜、适用主体、奖励资金来源和奖励的标准、举报奖励的处理程序、举报人的权益保障、举报悬赏的救济等方面加以完善。

The incentive system on the reporting of administrative illegal practices is effective in that its profits outweigh its cost and it has played an active role in the practices of some departments and regions.Offering a reward for offence reporting,a legal act of a private law nature conducted by the administrative organ,is a special administrative contract.As a matter of fact,however,the law-enforcing departments' attitude to the incentive system on offence reporting is still instrumentalist and the actual implementing of the system has aroused extensive concern and suspicion or has even caused some legal conflicts.It is high time the incentive system on the reporting of administrative illegal practices be perfected with emphasis on rationally constructing an incentive mechanism and effectively guarding against morally related risks.Therefore,the incentive system on offence reporting should be improved in terms of proper matters,proper subjects,sources of incentive money,rewarding criteria,procedures on the offence reporting,the safeguarding of the informants' rights,relief operations,etc.