Research On Legislative Principles Of Civil Servant Law

As an important component of administration and organization law in China, the laws and regulations concerning civil servant system involves a series of complex and important issues, such as cadre and personnel system, party system, political system reform, and so on. Therefore, the research on legislative principles of civil servant law has to face the economic, political, and social reform confronted in China in the times of globalization, and the research should draw a lesson from the practice of legislation about the national government officials from the founding of new China, even from the modern China, and should learn from the successful experience of legislation of civil servant law over the world, then build a modern civil servant law answering to the national situation step by step. Also, the research has to take the background of ruled-by-law in China, the practice of implementation of civil servant system, and the lately achievements of reform of international administration system and intellectual bureaucracy system into consideration. This paper focuses on legislative principles of China's Civil Servant Law. By analyzing the idea, principle, and the concrete rules of legislation of China's Civil Servant Law, from the point of how to improve the system of civil servant, based on the reality, with the reference of national and international experiences, the improvement of system is managed in a proper advanced way to achieve breakthrough on legislation.Besides introduction, the paper contains four parts. The second chapter mainly discusses the legislative idea of civil servant law. This paper bases on constitutional philosophy featuring freedom and democracy, the basic theory of modern administration law, as well as the law of administrational management. The legislative idea of civil servant law is constructed as four elements: preservation of the political and party system, standardization of public power, the idea of"put people first", and improvement of administrational efficiency. Civil servant system belongs to political system while related to party system closely, so, on the one hand, civil servant system needs to uphold the national system, on the other, it should insist the lead by the party. Administration law mainly focuses on the relationship between the power and the rights. The basis of its theory is definition of the range of power, and the control of its procedure to protect the citizen's right. As an important part of administration law, civil servant law has to have this responsibility. The idea of"put people first"has a profound background in the Chinese and foreign intellectual history. And its essence is to safeguard human dignity and rights. Civil servant also should keep up the idea of"put people first", overcome alienation may caused by class bureaucracy system. Efficiency is the first value civil servant law, as an administration and personnel organizational law, should pursue. But at the same time, social fair and social responsibility should also be valued.The third chapter discusses principles of China's Civil Servant Law under the guidance of the above four legislation ideas, in accordance with the regulation and policy of China's Civil Servant Law, in six aspects, namely the principle of Party governing the cadres, oversight and limitation, encouragement and insurance, procedure-orientation, ethics administration and classification administration. China's Civil Servant Law has clear regulation that civil servant rules should abide by the cadre line of China's CPC, insist on Party governing the cadres, which is also a political characteristic of China's Civil Servant Law. Civil servant naturally has his individual interest, like or dislikes. With proper control and oversight, power for private interest and corruption will occur. The principle of power operation tells that where there is power, there must be control and supervision. In order to attract various talents into the civil servants group and efficiently make this family group stable, especially for mobilizing the initiative of all the civil servants, we need to facilitate the insurance mechanism. The management of civil servants in real life has a clear trend of being more dependent on relations. The crucial step to decrease it is to use mechanism to regulate and manage people, to squeeze out the space and power of relations through the principle of procedures. There has always been a moral request for civil servants, now and before, home and abroad. Choosing people by his capability, being morally and intellectually excellent, attaching importance to practical results, have all been examples of the application of administrative moral idea in human resource management of public sectors. For a more efficient and scientific management, classification management is carried out.These principles each refers to different system, therefore, the fourth chapter chooses five important and controversial issues to discuss. And the analyses and comments on these systems are all with the ideas and principles of legislation of civil servant law. Because of the special characteristic of China's political system, the rang of civil servants in China is wide, including the official of party organization, NPC, administration organization, CPPCC, justice organization, procuratorial organization, and democratical parties organization. Furthermore, this paper pointed out that there is no"two kinds of officials have two kinds of roads"in Chinese civil servant law. Moreover, the system of resignation due to wrong doings in China is being discussed in this paper. This paper shows the problem including indistinct definition, weak consciousness, lack of responsibility, and an idea of democracy. In addition, this paper analyzes the preservation and limitation of the phenomenon of"fulfillment the repay of civil servant power in the future". Finally, the issue of autonomy of ethics in the civil servant law is under discussion. The 54 clause not only meets the global legislative trends, but also reflects the legal idea of"put people first".Thereafter, the fifth chapter states how to improve China's Civil Servant Law both based on the national situation and referring to the practice in length. Firstly, the foreign experiences should be learned. Foreign civil servant system has developed for a century, and forming a mature system with the characteristics of standing employment, leveling, and merits-oriented. And the trends of its developing are: 1) from centralized to decentralized; 2) from procedure-oriented to result-oriented; 3) from standing employment to contract employment; 4) from half-closed employment to open employment; 5) from control oriented management to"put people first"human resources exploration. The vitality of a system is its developing and innovation, while the force of developing and innovation is practice. To institute Civil Servant Law, experiences of reform of civil servants management and civil servant system should be learned in length; issues met or proposed during the practice of civil servant system should be studied and analyzed; trend of official human resources management should be grasped. The civil servant system should be improved by practicing and learning from practice. Finally, some concrete suggestions to improve national civil servants system are raised. These mainly are: selection of excellent civil servants from the grass root level, enhancing the exchange of civil servants, improving the evaluation of the leaders according to the scientific development, reinforcing the competition of civil servants, acceleration of classifying management of civil servants.