近來各國政府對於公共服務的提供，越來越傾向公私協力的方式，以滿足人民的多元需求，但是有時因為政府的監督效率不彰甚至是政府與財團勾結，以至於企業組織的不法行為嚴重影響了公共利益。而外部的監督機制效果失靈，弊端揭發(whistle blowing)就成為了最後一道防線。但是，不論在公私部門，只要是在組織內揭露不法情事，勢必牽涉許多複雜的因素，以及可能對揭發者造成風險，再加上我國法制的不健全難以對揭弊者提供完善的保護，這些都將影響成員揭發的意願。 因此，為探討上述問題，本研究採取質性研究的方式，運用文獻回顧與深度訪談作為研究方法。本研究的研究架構是從弊端揭發者的心理進程發展依序探討，首先，以公務倫理或企業倫理、揭弊前因素以及預期揭弊後因素之三類現有因素做出初步判斷，再者，以前述判斷結果作為依據，將揭弊管道、對象以及手段納入綜合考量，最後做出揭發弊端與否的決定。本研究之研究發現認為，第一，企業倫理與公務倫理難以促使揭弊行為產生。第二、有利組織弊端揭發的情境與結構包括溝通管道暢通、扁平化的組織以及創新傾向的組織文化並且權力在其中居於主導地位。第三、現行保護機制無法保障私部門成員之工作與公務人員之安全。 另外，建議後續研究者可以選擇公私協力之個案，或是可以就組織中的「有權者」的角度來探討。最後，本研究根據研究發現提出幾點實務建議： 一、 制定公益揭發專法 二、 增加組織成員職涯規劃的多元性 三、 加重行賄者責任 四、 改善政風單位處理程序 關鍵詞：弊端揭發過程、公務倫理、企業倫理、弊端揭發者保護機制 / Nowadays, to satisfy the diverse demands from people, governments tend to work with business organizations to provide better public service. However, due to the possibilities of poor supervision from governments and collusion between both parties, public interest is often under great threat or even severely violated. Therefore, whistle-blowing will be the last defense once the external control systems fail. No matter in public or private organizations, it may put the whistleblower at risk while disclosing wrongdoings which involves many complex factors. And it could also affect people’s willingness of being a whistleblower due to the lack of protecting system in our existing legal regime. To investigate above topic, this study is conducted with qualitative research analysis, and is to use documentary analysis and depth interview as the research methods. The conceptual framework is to investigate by the whistleblower’s psychological process in sequence. First of all, the whistleblower will make the initial judgments with three existing factors: administrative ethics or business ethics, the factors prior to whistle-blowing, and the expected factors after whistle-blowing. Therefore, based on the initial judgments mentioned above, the whistleblower will decide whether to blow the whistle or not after taking channels, objects, and means into account. The findings of this research indicate three following points: (1) Administrative ethics or business ethics lead to little possibility that brings out whistle-blowing. (2) The situations or structures which are conducive to whistle-blowing include unimpeded communication channel, horizontal organization, and innovation-tended organizational culture. And the power holds a dominant position. (3) Existing protecting system cannot ensure the right to work of people working in private sector, nor the safety of public servant. In addition, the author suggests that succeeding investigators choose the case related to public private partnership, or probe from the perspective of the powers. At last, the practical suggestions based on the findings of this study are as following: 1. To legislate for public interest disclosure 2. To enrich the diversity of members’ career development 3. To aggravate the consequences of giving bribes 4. To improve the working procedures of the department of civil service ethics Keywords: the Process of Whistle-blowing, Administrative Ethics, Business Ethics, Whistleblower Protecting System

xviii, 197 p. / Whistleblowing has been a topic of media interest since the Vietnam War, and it continues to resonate strongly with the public. Several well-publicized whistleblowers have done much more than catch the attention of the world media. They arguably have changed the world. Whistleblowing refers to the reporting of illegal, wasteful, or unethical activities (i.e., wrongdoing) by current and former employees of an organization. Triggered by several highly publicized corporate financial failures, the Sarbanes-Oxley Act of 2002 requires publicly traded companies to provide an anonymous channel for employees to report financial wrongdoing and provides protection for those who do. Using resource dependence perspective and relationship management theory, this study uses e-mail to distribute an online survey to top-ranking public relations executives in the Fortune 1000 corporations to identify what role public relations executives have played in developing and publicizing anonymous whistleblowing channels, their knowledge of wrongdoing in their own organizations and elsewhere, their attitudes and actions related to the wrongdoing, the consequences of their actions, and their relationships with their organizations. The study finds that only one-fifth of respondents helped develop the required anonymous communication channel, but two-thirds helped publicize it; almost one-half of respondents are aware of wrongdoing in their corporations or in other organizations, and two-thirds of those report such activities; those who report wrongdoing do so through internal channels within the corporation, with one exception; few who report wrongdoing suffer retaliation; and the vast majority enjoy positive relationships with their organizations. However, a small number of respondents experienced retaliation, and the research points to a broader exploration of this topic among public relations personnel within Fortune 1000 corporations to determine to what extent status, relationships, and benefits such as the "golden handcuffs" influence whistleblowing. Future research on whistleblowing and ethics in public relations is warranted. / Committee in charge: Dr. Patricia A. Curtin, Co-Chairperson; Dr. H. Leslie Steeves, Co-Chairperson; Dr. James K. Van Leuven, Member; Dr. Michael Russo, Member; Dr. Anne Parmigiani, Outside Member

The primary goal of this study is firstly to analyse the Fraud Prevention Policy and Strategy, the Policy on Protection of Whistle-Blowers, and the Policy Document on Forensic Audit Process of the Department of Trade and Industry (DTI) in order to establish the reason for the ongoing spate of fraudulent and corrupt activities among employees within the DTI Head Office, regardless of the relevant policies put in place. Secondly, another goal is also to establish other reasons that could be linked to the reoccurrence of fraudulent and corrupt activities within the DTI. During the research survey questionnaires were administered to employees of the DTI. Furthermore, online interviews were conducted with a purposively selected sample within two divisions of the DTI. In addition, a literature study was conducted to acquire relevant information and perspectives from available national and international literature. Various objectives were fulfilled in this study as follows:  It was established whether the reporting of internal or external fraud and corruption and the relevant policies put in place contribute in any manner to the prevention of fraudulent and corrupt activities at the Department of Trade and Industry's national office.  It was determined if there is a policy document on measuring these policies after they have been implemented.  It was determined how the Department of Trade and Industry's national head office addresses fraud and corruption. Other possible reasons for the Department of Trade and Industry employees' lack of reporting fraud and corruption in their departments, other than the fear of being victimised, were identified.  The views and opinions on the internal reporting of fraud and corruption were determined.  The degree of awareness of the investigative procedures related to fraud and corruption among the Department of Trade and Industry management and their employees were determined.  It was established if employees have faith in the Department of Trade and Industry's investigative procedures to fraud and corruption.  The extent of knowledge on the importance of reporting fraudulent and corrupt activities in the DTI were established.  Feedback to help minimise fraud and corruption within the Department of Trade and Industry and improve future strategies was provided. This study contributes to the knowledge base with regard to fraud and corruption within the Department of Trade and Industry. / Criminology and Security Science / M. Tech (Policing)

The construction of state highway projects is bid out each year at approximately three billion dollars. Claims from contractors for additional compensation are common. This paper investigates the policies and procedures for handling claims and explores the False Claims Act case law and its implications for the Department of Transportation's contract administration.

No description available.

The position of the whistle-blower is known to be a precarious one, with the whistle-blower often either regarded as a hero or a reprehensible traitor. Various pieces of legislation have attempted to remedy their precarious position, especially within the employment relationship, and in which the whistle-blower more often than not has the most to lose. The study at hand has the specific objective of comparing the position of the whistle-blower in terms of South African Law, against 16 specific measurables, and in comparison with the position of the whistle-blower in New Zealand, Australia (Victoria) and the United Kingdom. In the main, the protection offered to the whistle-blower within the South African context, is embodied within the Protected Disclosure Act 26 of 2000 (hereinafter referred to as the “PDA”).In examining the protection afforded to the whistle-blower in South Africa, it is concluded that the framework involved extends much further than just the mere provisions in the PDA. However, there are admitted challenges in respect of this framework as discussed, both legislative and non-legislative, especially in respect of duties of disclosures placed on persons in circumstances in which concurrent protection is not afforded to the whistle-blower. With reference to the comparison in respect of the measurement parameters set, it was found that the PIDA (UK) meets the least amount of the measurements set, with the PDA A (Australia, Victoria) meeting the most of the measurements; the PDA NZ is equally balanced in meeting and not meeting the measurements and the PDA meeting less of the measurements than not, but still meeting more than the PIDA. It was found that had it not been for the catch-all provision contained in section 4 (1) (b) of the PDA, the PDA would have ranked last. / Mercantile Law / LLD