| Rights remedy of civil servants is an important part of the legal system of civil servants. The current situation of rights remedy of civil servants is the true reflection of construction progress of legal system of civil servants and government by law. Comparing with rights remedy of citizens, rights remedy of civil servants incarnates the universal requirements of the principles of human rights protection and administration by law, and is fiercely influenced by disciplines of personnel administration, and presents different levels'special ideals and institutions. In the contradictory movement of implementation of principle of universality and embodiment of requirement of practicality, rights remedy of civil servants in each country goes across hardships and gains ample historical experiences and institutional achievements. It is the important reference for China's construction and practice of system of rights remedy of civil servants which is at its threshold.In the perspective of comparative law and in legal system of civil servants in legally-developed countries, the regulations and practice of rights remedy of civil servants and the disciplinary characteristics reflected are a systematic remedy organism which is a combination of litigation remedy and non-litigation remedy, and centered on judicial remedy. Rights remedy of civil servants is one way of realization of rights based on fully notice of rights, and a convenient, comparatively fair and low cost remedy which is formed by fully use of resources of non-litigation, and also a remedy by the ultimate judging power of judicial organs. Both litigation remedy and non-litigation remedy have their advantages and connected and complemented to each other, and together form the sound system of rights remedy of civil servants. In order to perfect China's system of rights remedy of civil servants, we must perfect and fully use the resources of non-litigation, and smooth the ways of litigation, and take care both short-term construction and long-term goals, and gradually perfect in aspects of ideal, organization, institution, procedure and technique.The dissertation is based on completely rethinking of the current situation of rights remedy of civil servants in China and from the perspective of comparative law to analyze the situations in legally-developed countries and grasp the mechanism, means, technique and organization of contemporary system of rights remedy of civil servants and to discuss how to perfect China's situation. There are six chapters in the dissertation.Chapter 1 tells the scope and theme of the dissertation. It analyzes the basic conceptions of rights remedy of civil servants in aspects of conception of civil servant, scope, system of rights and regulations and system of rights remedy, and points out the definition and scope of civil servants is influenced by political institutions, economic base and legal culture and appears variety and complexity. The definition and scope of civil servants influences the system and configuration of system of rights remedy of civil servants. Rights of civil servants is built on base of veto of feudal accessorial personnel system and the embodiment of principle of administration by law and ideal of human rights protection in management of civil servants. Along with the development of modern civil servants system and administrative country by law, rights of civil servants gradually enlarges and types enriches and system becomes more sound and the issue of realization of rights appear more important. The system of rights remedy of civil servants is a protective legal system which is against administrative organs infringing rights of civil servants in public personnel management through statutory format, organization and procedure to eliminate infringing activities and recover legal rights.Chapter 2 tells theory basis and principal value of rights remedy of civil servants. Legal relations of civil servants are the core and basis of civil servants legal system, which decides the institutional construction of rights and their remedy of civil servants. Through analyzing the practice and ideal of relations between kings and officials in early feudal bureaucracy, the chapter discusses in history of relations between civil servants and administrative organs, the theory of special power relation which had occupied the leading position and various critical and reformative theories and various modes of rights remedy based on these theories to settle the foundation of current legal relation mode and rights remedy of civil servants. Government public personnel management is not"the jungle without the sunlight of government by law", but should be cared by principles and basic ideals of modern administrative law. The basic principles of modern administrative law guide the institutional construction of system of rights remedy of civil servants. The system of rights remedy of civil servants has the value and functions in aspects of realizing constitutionalism, protection of human rights, regulating power, optimizing public management and promoting public interests. Chapter 3 is the rethinking of the current situation of system of rights remedy of civil servants. From the perspective of regulatory files of rights of civil servants, the legal declaration of rights of civil servants is congenitally deficient. The infringement of the rights of civil servants exists in many aspects of the management of civil servants. From the perspective of rights remedy of civil servants, there are some problems, such as the laggardness of legislation of remedy institutions, the lack of basic fairness of administrative remedy, the arbitration remedy not really implemented and lack of judicial remedy. The reasons of the defects of the system of rights remedy of civil servants in China include: structural restriction elements, obstacle and obfuscation of legal theory and the technicality problem of legal institution itself. From the perspective of structure, political development, economic base and cultural tradition restrict innovation of system of rights remedy of civil servants in different degrees. From the perspective of ideal, the practice of system of rights remedy of civil servants is based on the theory of non-litigation of internal administrative activities. This theory divides administrative activities into internal administrative activities and external administrative activities. It aims to peel off some administrative activities, including activities of management of civil servants, from common administrative activities to particularly manage, except reservation of law and judicial review.Comparing with theory of special power, they are different in approach but equally satisfactory in results. It influences the system of rights remedy of civil servants negatively. From the perspective of organization and technique, the system of rights remedy of civil servants is not sound in organization, not perfect in procedure and lack of experiences and institutions in relevant review and judging technique. Chapter 4 and 5 tell litigation and non-litigation remedy of rights of civil servants. As the analysis pivot of the dissertation, from type division, in means of comparative law, I analyze the organizational structure, main measure, procedure and technique of litigation and non-litigation remedy of rights of civil servants in contemporary legally-developed countries, try to hold the disciplines of contemporary system of rights remedy of civil servants, through means of comparing across different countries, case analyses and theory construction, selectively analyze the concrete form and institution of different channels of rights remedy and construct basic ideal, institutional formation, organizational framework and major technique of litigation and non-litigation remedy of rights of civil servants. Non-litigation remedy of rights of civil servants is rich in both connotation and extension, personnel management dispute settlement procedure and means except various litigations remedy ways, has functions of protection of rights of civil servants, administrative self-review and reducing burden of courts. From the perspective of administrative organs'charitable remedy and layers'remedy and independent department remedy and negotiable remedy, they have different characteristics and advantages respectively, appear characteristics of convenient, low cost, professional review and management relations harmonious in different degrees, and realize the harmonization of protection of rights of civil servants and effectiveness of organs'personnel management in remedy organizations, procedure and technique ultimately. Litigation remedy is common choice in system of rights remedy of civil servants in every country, in the aspects of basic ideal, main principles, scope of acceptance, standard and intensity of review and judging form, appears judicial organs'involvement and limitation of review of administrative organs'personnel management activities and protective remedy of rights of civil servants, reflects not only common demand of judicial review to administrative activities, but also inherent characteristics of remedy of rights of civil servants and promotion of public personnel management.Chapter 6 tells the re-construction of system of rights remedy of civil servants in China. As the conclusion of the dissertation, on the base of discussing social ecological environment and basic principles of construction of system of rights remedy of civil servants in China, in reference of achievements of trade off study, clarifies the main ideals and main principles, initiates the tentative plan of re-construction of system of rights remedy of civil servants in China. I comprehensively analyze historical environment and real condition of China's personnel system. The perfection of system of rights remedy of civil servants is restricted by some structural elements. In order to re-construct the system of rights remedy of civil servants in China, the legal relations of civil servants must be clarified, and its key is formation of sound system of rights of civil servants and function of administrative organs'personnel management. In order to construct the system of rights remedy of civil servants in China, we must perfect regulatory system of rights of civil servants; substantiate non-litigation remedy system and mainly task on buildup fairness of non-litigation remedy and promotion of independence of non-litigation relief organization and establish and use relief resources of comparatively independent administrative organs and arbitrary organs; strengthen procedural construction of non-litigation relief resources; unseal institution of litigation remedy of civil servants and set the scope of litigation remedy by the principle of activeness and stability and establish means and standards of judicial supervision of personnel management activities by the principle of review of legitimacy and form judicial remedy judging manner which is conform with characteristics of personnel activities; establish system of relief organizations of rights of civil servants accord with China's situation.
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