| Introduction. "Servant" is a legal concept, different from the traditional sense of the concept of "officer". Servant originally produced in the UK, is the product of the development of modern capitalism and political parties. In continental Europe, civil service and the "civil servant" has the same legal significance. Civil service system is a national management of servant law rules, these rules generally include "political neutrality, unified management, job classification, examinations, job security, etc. The establishment of the civil service system in the United States marked by the Pendleton Act, also is the result of economic and social development and political struggle. Reveal the American servant system formed a profound political and economic background, study the Pendleton Act has a certain historical and realistic significance.The first chapter: “the Pendleton Act promulgated before the federal government officials appointed(employees).” The constitution of the United States only provides the judges and ambassadors and other nominated by the President agreed to by the senate. The other officials appointed the constitution did not do a detailed rules. In fact, the constitution rules provides federal officials appointed three ways: the President appointed senate confirmation(general method); The President appoints without senate confirmation recess(senate); When confirmed by the senate, the department officer or the court may appoint some "minor official"(that is, from belongs to the administration department or court officials).So appointed rules, embodies the innovation of the constitution of the United States. As on the constitutional right to dismiss officials did not clear, constitute the legal blank. Vice President John Adams in 1789, as the senate leaders announced congressional support for the President almost nothing to limit the removal of privileges, it was later called "1789 Decision ". In fact, the Decision that never become law, has become the focus of officials on the appointment of the debate, and the formation and the abolition of patronage to establish a modern civil service system is one of the focus of the debate. In the early days after foundation, the U.S government is in Washington, Hamilton as the main backbone composition, etc. The federalists government is a quasi aristocracy. For appointment of public officials, President Washington pursues is “the most suitable”. President Washington realized on the subject of choose and employ persons "quality" and "efficiency" high standards, not only in the federalists in seventeen years, its influence continued to Democratic Republican’s President Jefferson and his successor. The vast majority of the founding fathers and organization, they have built their personal team and key points in partisan struggle, is a theory of management experts, social intelligence is, and in the spirit of being highly responsible for the country to determine. This makes the new country is not only based on the strong political, and its officials also have a good reputation for quality and competence. Of course, the founding of the early political neutrality policy is not in the modern sense of choose and employ persons. Washington candidates depend on their political beliefs the interests of the federalists, to safeguard the interests of the upper class. In fact, from the beginning of the first established on the basis of constitutional government, the federalists and the federalists became the two camps, turned the federalists republican and democrat power struggle, no matter how the federalists excuse yourself on behalf of the "public interest", "the party" the fact is almost over. When the regime change is inevitable, in order to maintain the federalists party(and not the public interest), Adams produced "appointment" at midnight, opened the prelude of political spoils. Political spoils produced for the formation of a system, through the development of a long time. In the era of President Jackson become systematic system. As the spoils system the iconic slogan "prize belongs to the winners. Patronage reflects, election victory can cause the redistribution of political power, and can capture individual political achievement, the rule soon widely accepted, and become an important characteristic of American political life. At this point "spoils" is limited to local and temporary office "spoils", has not been involved in economic, social, and other political field. Patronage is against the "habits" bureaucracy. Its theoretical basis is that under the new system have administrative power through elections, to achieve control of the people, public funds and political machine, can truly reflect public opinion. Patronage content and form of expression: First is that the party could obtain party fund. The second is the mutual infiltration with industrial and commercial enterprises. The third is a political deal with propaganda media. The fourth is a means of political deal with congress.The fifth is based on political spoils chip constitute a political union. Party spoils system influence on American democracy: First is to the popularization of party organization has played a catalytic role. The second is to promote the popularity of American white man the right to vote. Third is to improve the constitution of indirect changes. At this point, the patronage is a kind of dynamic social system.The second chapter: “the civil service system reform attempt and issue the Pendleton Act”. Although the patronage is a very radical invention, however, had less than 40 years, it is some of the most successful reform measures into a rut, and has had the qualitative change, patronage has become a conservative system. "Trophy" as the negative incentives, because their only goal was to pursue some political positions, which caused that the government work efficiency was very low and the serious influence of heads of government work. Spoils system also led to organize a political corruption and corrupt officials and brought about business integration to get benefit and manipulation of the parliament, gang, the party dominating social evils such as problems. During the Civil War temporarily cover up a lot of social contradictions, they only solved the problem of the nature of the slaves and federal Civil War, which but yet deepened a lot of contradictions. After the war, economic and ideological class conflict and political power struggle aggravated political reform including servant system situation further severely. In fact, before the war against the political spoils the exposed problems, the attempt at reform and legislation practice was started. Stipulates the house of representatives in 1853, for most of the secretarial staff should pass into the Washington "to pass the exam". Because the federal government’s lack of unified management, the role it plays was very limited. A 1853 law requires all the head of secretarial staff of government departments will be divided into four grades with them the responsibility of the one-to-one correspondence, which opened the position classification. On the basic ideas of the civil service system reform after the war, 1865 years later, the concept of "merit" from England to America. English "merit" in the United States had been to begin to study. Despite the Grant administration appear all kinds of corruption, but he has publicly urged to reform the civil service system. the President Grant declared the reform, catering to the people’s expectations. In March 1871, a "rider" legislative achievements, prompted established the first "the United States Civil Service Commission" in American history. However, Grant administration, support political spoils against the forces of civil service reform is very strong, the United States Civil Service Commission co., LTD. In 1875, Grant did not formally abandoned servant management committee, but he canceled regulations, congress didn’t grant. At this point, the progress of the civil service reform is very difficult. Although the government reform has achieved remarkable achievement, but on the whole, civil service reform encounter apathy to trouble. Folk clamor for the reform of the rising, formed during some folk servant reform the national and local organizations. America after the war to the end of the 19 th century, emerge a batch of push forward the reform of the important folk characters, its representatives have George William Curtis, Carl Schulz, Dorman · B · Eaton. They have the nature as follow: The morality of freedom, the pursuit of the unification of the politics, economy and efficiency. Development organization and reform advocates to promote civil service reform strategy, to promote reform, played a large role. In 1881, President Garfield, dramatically had been killed. The incident become the fuse of the civil service system reform, also become a catalyst for the civil service reform, shake the existence of patronage, to promote the implementation of the reform, original led congress to pass the Pendleton Act.The third chapter: “main content and characteristics of the Pendleton Act.” The Pendleton Act established a "the United States Civil Service Commission". On the United States Civil Service Commission of "no more than two people from the same party", the purpose is to ensure that the civil service commission to avoid being influenced by one party, trying to keep the organization at the political neutrality. Functions of the United States Civil Service Commission is to assist the President to implement laws and organize and implement the merit. The exam management rules, to carry out the law enforcement investigation, submit a report to the President. The Pendleton Act on legal norms set is not perfect, such as not the United States Civil Service Commission of compulsory enforcement and punishment, whict often bing to it be in "duty has no right to" awkward situation. This also made civil service reform setback. The Pendleton Act provides for various safeguards for the United States Civil Service Commission. Act in the request of the committee members shall not exceed the 2 people from the same party rules, also is the protection of the United States Civil Service Commission, to avoid the effects of alternating the executing party. The Pendleton Act to ensure the material for all aspects of the United States Civil Service Commission made detailed provisions, including the United States Civil Service Commission funds or working conditions to ensure content, servant members of the committee and other staff wages and so on. In organizations, though there was little the United States Civil Service Commission branch but bill really established rules for state and local examination board which work under the coordination of civil service commission.The law regulated provisions on the civil service competitive examination and banned political firingso as to ensure the relative office permanently. Questioning the United States Civil Service Commission’s power of exercise examinations violating constitutionality principle make bill met constitutional questions. Explain whether the attorney general or academic theory, "self depreciatory expression" to avoid constitutional dilemma in theory. On the implementation of the bill, they took act with gradual operation to avoid constitutional crisis. The Pendleton Act is the product of the transplantation of foreign civil experience and innovation. Its innovations include: servant system in the form of written law, civil service management mode of innovation, examinations of the standard innovation, servant jobs wide open degree of innovation, etc.The fourth chapter :“the Pendleton Act implementation and the establishment of the civil service system”. The implementation of the examination system is according to the regulation of the Pendleton Act under the operation of the institutions. Examination under the guidance of the examiner, after the related department head agree, held by servant local committee. Examiner’s main responsibility is to "ensure that all the examiner keep accuracy, unity and fairness." I want to often to patrol around the country, within the scope of authority and local regulation committee. Competition had gradually expanded the scope of examination. The Pendleton Act applies only to 10.5% of the civil service in 1883. But by the end of the 19 th century, there have been more than 50% of the departments included in the scope of competitive examination. In the process of organization examination, there have been some cheating in the exam and the violation of the principle of test appointment, the United States Civil Service Commission made a long struggle with cheating. Politically neutral principle of preliminary established is closely related to the end of the 19 th century American society advocated moral reconstruction, the establishment of political neutrality of the civil service system is a gradual process of repeatedly. The great depression in the 20 th century, the implementation of the "New Deal" Roosevelt politically neutral principle of servant appointed by the Pendleton Act since the implementation suffered the most serious damage. In order to break the new dilemma of "New Deal" period, congress enacted the Hatch Act which strictly limited government employees to participate in political activities, and extend to the local government and public institutions receiving federal financial aid. The implementation of the Hatch Act is to establish the Pendleton Act of political neutrality principle of reinforcement. However this conflict with the First Amendment to the U.S. Constitution, a federal court continuously through case corrected politically neutral rules of implementation to find the dynamic equilibrium. Servant staff salary and job security problem such as retirement is basic rights and interests of servant employed the Pendleton Act. Therefore study on this issue in order to implement the Pendleton Act effect is an important problem. On the eve of the First World War the related issues such as wages and working conditions and servant stable team were difficult problems for Civil Service Commission. Because of the question of poor wages, it is hard to recruit the right people. The Pendleton Act did not authorized Civil Service Commission the power of the civil service pay adjustment. From the early twentieth century Civil Service Civil Service Commission is aware of this problems and its crux, which was lack of cognition on the issue of civil service pay in current society, because of mainly servant no scientific and rational classification, both a science and technology should give same pay and the management job cannot also have different pay. To 1913 Civil Service Commission’s special reports has repeatedly pointed out servant classification advice or bill, but congress and the President were unmoved. Civil Service Commission and servant groups over the years and the game of the President and congress, in 1920 passed by congress servant plan put forward by the chairman of the committee, namely the Civil Service Retirement act(Civil Service Retirement Law of 1920), which the marks in the federal government established a unified system of Civil Service pension. The position Classification of Act of 1923 was passed. Since more than half a century, the question of servant pay embarked on a track of the standardization of adjustment. In order to regulate the gap between low-level servant and senior servant payroll, government regulations provided the proportion of low wages and high wage in 1:10. In addition, the government also through progressive taxes attempted to limit the wage income of servants. By the rule of law, to ensure the servant "payment balance" and solve the problem of civil compensation for the actual purchasing power shortage and establish the rules of "regular salary".Chapter fifth the development of the relevant system of the Pendleton Act. The Pendleton Act itself has limitations, with the passage of time and the increase of the government agency personnel, many disadvantages of American civil service system is becoming more and more manifest. First, the ban on political fire become rigid umbrella. Second, the inspection mechanism incentive had fail to work. Third, the efficiency of department with kop influence each other. Fourth, the management of senior servant control met some problems. Under this background, the Carter administration laid down the "Civil Service Reform Act of 1978”. The main content of the civil service reform act of 1978 include: determine the federal civil service management is called "nine merit principle", which set up advanced administrative servant jobs and carry out performance appraisal wage. Reorganization is engaged in the management of institutions. The Civil Service Reform Act of 1978 to the development of the Pendleton Act with fixed content are as follows: the trend of political neutrality requires to relax, the tendency of senior servant elite, deciphering the servant administration role conflict. The end of the 20 th century during the Clinton administration took flaunting the banner of "reinventing government" to the especially reform movement. To establish the new system of government employees and new way of choosed and employed persons break the government implement the Pendleton Act since 1883 classification servant government positions permanent, which partly adopted to flexible employment and implementing government service outsourcing contract. The motive of reform include: one is in order to obtain higher efficiency, the second is out of doubt for "big government" to reduce the size of government, which can just meet political needs. Some people against the government contract outsourcing to reduce the size of government, thinking on outsourcing contracts and grants or authorization to complete the work of the government is actually a "shadow government". Clinton also placed stress on cultivation of broad public service ethics. To ensure that the "public administrative spirit" or "moral" of public service can be injected into the minds of all the people who work in the public, no matter who pay their salaries.The final conclusion part: American civil service system of theories of the formation of the experience and enlightenment. Between American civil service system to the Chinese civil service system reform of the major differences include: the motivation and purpose of the reform, the timing of the reform and implementation way, reform of incentive and evaluation mechanisms are different. Through to the "people-oriented" servant security and supervision mechanism of American civil service system about the analysis of the experience to emphasize multiple recognition properties on the civil service, civil servants, civil servant is not the "patron saint" of the people. It is impossible to become the "ideal" model and also can’t completely become a "rational man" under the condition of market economy. Modern government wants to pursue the "ideal" model and "rational man". The tasks are to build the power and interests and obligations of the benign mechanism and set up to prevent the abuse of power restriction mechanism of public servants. At the same time, using the experience of the United States looking at "the party" and the incentive mechanism in our country also has a lot of inspiration. Party only do "helmsman" and not "oar". Drawing lessons from the aspects of theory and experience in the United States to explore the administrative system and theoretical thinking of the reform of civil servant in our country is needed. First, the "political" solve that the rulers can truly represent the people and responsible to the people and further expand intra-party democracy through introducing competition mechanism in the party. Second, what the civil servant "administrative" correctly perform their duties and accept control problem to solve is under the helm of the party according to realize the extent of the intended target in order to make "oar" and "steersman" mutual benefit. Third, we must to improve the efficiency to solve the problem of optimization of structure and fully decentralization, allowing the steering and rowing organizations to establish a contractual relationship. It is through the relationship that we just can use consequences strategy, customer strategy and control strategy. To explore new effective incentive mechanism perfect the internal incentive mechanism of civil servants. We must take actions to standard competition of civil servants and public selection system and perfect the evaluation system. Second, introducing external factors stimulate competition. What public leaders will incentive strategy is introduced into government and providing the most powerful way is to force public service organizations like business operation, which was named enterprises management. Third is to use external performance evaluation mechanism. Introducing external competition, enterprise management is not applicable to all the public organization. We must drive to shape a positive organizational culture. Only relying on legislation and the system design, we can’t really create a perfect officials and organizations. Organizational culture is made up of coordination mechanisms which have the same incentives to make different reaction of the formation and characteristics of the constant. One is to strengthen the construction of our country civil servants ethics. The second is to guide the civil service set up the correct values. Third is to eliminate the negative culture in civil servants. The "emphasizing well relationship" in the traditional society, such as geopolitical relations, popularity, love, which is often caused by civil servants are not only important factors act on unfair and unjust, but also induce the sensor of corruption. All of these negative factors of administrative culture must be removed. Shaping match the times with the good moral character and noble value pursuit of civil servants just is an important symbol of social development and progress. |
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