雇员“吹哨”的正当性及其限度

The Justification and Limitation of Employees "Whistling"

雇员向媒体或有关监管部门"吹哨",可以及时制止公司违法甚至侵害公众利益的行为,起到减轻政府监管压力的作用。但是雇员的吹哨行为在维护公共利益的同时,却违背了对公司的忠诚义务。雇员"吹哨"的正当性源于行使宪法赋予的言论自由权利,并保护公众利益。如何规范雇员吹哨,控制雇员吹哨的副作用,是我国法制建设当前面临的重要课题。通过员工"吹哨"实现社会有效监督的关键在于依法明确各项权利行使的边界。雇员吹哨的动机及实现的社会效果都是衡量这一边界的重要因素。通过相关配套措施的构建引导雇员在边界内理性"吹哨",从而真正实现对公共利益的保护。

Employees ＂whistling＂ to the media or the relevant regulatory authorities can promptly stop the illegal or even infringement of the public interest of the company and play a role of alleviating the pressure of government regulation. However, whistle-blowing by employees, while safeguarding the public interest, violates their loyalty obligations to the company. The justifcation of employee whistling stems from the exercise of the constitutional freedom of speech and protection of the public interest. How to standardize employee whistle blowing, whistle-blowing employee side-effects, is an important issue currently facing the legal construction in our country. The key to achieving effective social supervision through employee whistling lies in clarifying the boundaries of the exercise of all rights according to law. The whistle-blow motivation of employees and the social effects of their realization are all important factors in measuring this boundary. Through the construction of related supporting measures, employees are guided to rationally ＂whistle＂ within the boundaries so as to truly protect the public interest.