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Research On Legal System Of Civil Service Performance In Modern China

Posted on:2011-05-19Degree:DoctorType:Dissertation
Country:ChinaCandidate:T QinFull Text:PDF
GTID:1116360305983273Subject:Constitution and Administrative Law
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In the process of political system from feudalism into modern constitutionalism, the state officials in charge of public power and superior to the people have become the public servants. This is not just a change of word, and it also implies the laws of human rights established by the modern constitutionalism. The performance appraisal of officials is a report card that the government serving the community, rather than the means of sovereign management.Since the modern times, constitutionality has been used to guarantee people's democratic rights in the world. However, in order to get to the root of the problem, the operation of democracy and the guarantee of civil rights require state organs perform its functions in terms of public governance. The performance of civil servants is directly related to their duties to fulfill, and it is not only the basis of their promotion, award and punishment, but also the reflection of the capacity of national institutions serving the society. Therefore, it is an important part of the civil servants laws in democratic countries. Public Functionaries Merit Evaluation Act can play the dual role of supervision and motivation to civil servants, and its main contents should be composed of the following three areas:firstly, in order to improve the effectiveness of state organs, it is necessary to set the work goals of civil servants, and their scores is determined by the regularly or irregularly exams, then the final results is the standard of the awards and punishments.The second industrial revolution has greatly promoted the development of productive forces and social progress, and the countries all over the world spontaneously selected the bureaucracy to organize their state organs. Their performance can strengthen the control of superiors and improve their professionalism. So, the appraisal methods of management are commonly used by the bureaucracy.The appraisal system of civil servants is so important to the running of bureaucracy, so the democratic countries must set up the legislation of it, which makes the bureaucratic group improve the efficiency of service to guarantee the civil rights. Therefore, the civil servants appraisal rules must be law-based. On the one hand, the modern national bureaucracy is different from the feudal one, in a democratic legal constitutionalism state, people have sovereignty, and the state organs should serve the society and protect civil rights. Since the twentieth century, the significant development of industrial civilization has led to the changes of social structure. On the other hand, it is favor of the stability of bureaucracy. So, after World Warâ…¡, countries in the world adopted the way of the appraisal legal system to control the bureaucracy and maintain the stability of bureaucracy.Two thousand years of political practice makes the appraisal system in ancient China is very developed, as far as the appraisal standards, procedures and methods etc, it has many similarities with the civil servants legal management system in modern West countries. Due to the weakness of the national bourgeoisie, Yuan Shikai established the Northern Government and stole the achievements of the 1911 Revolution. As reformers in the late Qing, YUAN and later leaders of Northern Government continued the legal modernization of the civil appraisal legal system. The Northern government was a warlord regime which was organized according to the Xiang-Huai army patriarchal relationship, it was very decadent, on the point of the appraisal methods, they often appointed privates and sell ranks and titles; hence, the appraisal legal system was virtual and having poor results.After the victory of the Northern Expedition, Nanjing National Government established "omnipotent government" in accordance with the theory of the five-power Constitution created by Sun Yat-sen.The government established Public Functionaries Merit Evaluation Act and a large number of legal documents matching with it, set up the Examination Institution to guarantee the civil servants' rights, and carried out the appraisal law and other management laws. Therefore, the appraisal legal system based on the five-power constitution couldn't be implemented from the start. It was conflicted with the basic laws, and the Quan-xu Ministry has no power to exercise. Civil servants appraisal system has been damaged by the autocracy step by step: firstly, because it was impractical, which results the loss of authority; then it has became nominal because it was the obstacle of Chiang Kai-shek; so, the second implementation of civil servants appraisal system in modern history failed again. New China's civil servants appraisal legal system has begun during the decades of civil war, and it has become gradually perfect with the development of people's power. After the founding of the PRC, the cadre examination work was from course-to-fine, regular and institutionalized, and it was combined with the political construction which was the focus of the party, so it emphasized the political quality at that time. After reform and opening up, it became regularized and legal gradually. TIn view of current appraisal legal system in China, we should strengthen people's democratic participation. The statutory procedures of the civil servants appraisal system should have democratic formulation of the achievements goal of civil servants and democratic participation; according to the law, protect civil rights and the people's democratic rights, and combine "people are the masters " with the efficiency of civil servants, which not only is the era requirement of establishment of service-oriented government, but also the only way that implement the rule of law stipulated by Constitution in China.
Keywords/Search Tags:The appraisal system of civil servants, Legal modernization, Legal appraisal, Bureaucracy
PDF Full Text Request
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