On The Administrative Sanction's System To Civil Servants In China

Administrative affairs of a nation is mainly executed and handled by civil servants. The administration to civil servants, especially to their administrative sanction, is quite important administrative affairs that are involved in the administration of the nation. Administrative sanction to civil servants is punitive measures given by administrative organs to civil servants who act in violation of the law and the administrative discipline. It is a way of civil servants who are charged with the administrative responsibilities.The thesis is mainly divided into four parts:The first part is dedicated to the analysis of the correlative theory on the administrative sanction's system to civil servants. From thinking on the concept of civil service and administrative sanction, it brings up the creative definition of administrative sanction: The definition of administrative sanction exists in broad sense and narrow sense. Administrative sanction in narrow sense is punitive measures given by administrative organs to civil servants who act in violation of the law and the administrative discipline. Administrative sanction in broad sense is punitive measures given by national organs, enterprises and utilities to their national working personnel according to the law and the regulations. In other words, the administrative sanction target in narrow sense is a civil servant and the administrative sanction target in broad sense is national working personnel. The administrative sanction of this thesis discussion is mainly the administrative sanction of civil servants, namely, the administrative sanction in narrow sense, but its discussion conclusion is able to use for reference to the administrative sanction in broad sense.The second part is dedicated to disclose the main contents with the system of now administrative sanction to civil servants in China. It depicts the three maincontents as follows: The first main content is the basic gist of now administrative sanction, including the actions of administrative sanction, its manners and its limits of authority. The second main content is its basic proceeding that comprises the register, investigation, inquisition and decision of administrative sanction. The third main content is its relief regulations that are involved in appealing against the administrative sanction's decision and treating with the appeals.The third part is dedicated to analyze the main problems on the administrative sanction's system to civil servants in China. According to the theory and practice of the administrative sanction's system, there are, on the administrative sanction's system to civil servants in China, the four main problems: First, the administrative sanction's gist is not rational, namely, the administrative sanction's actions are not concrete, its manners not perfect and its limits of authority not rational. Second, the administrative sanction's procedure, including two respects of its start-up procedure and procedural contents, is not equitable. Third, the administrative sanction's relief is not perfect, which is involved in the system of existing administrative sanction appeal that is not perfected now and having not set up the justice relief of the administrative sanction and the responsibility investigation system of its wrong cases. Finally, its correlative means is not integrated, including between the administrative sanction and punish according to Party disciplines, administrative punishment or criminal sanction, between the subsystems within the system of administrative sanction, between the system of administrative sanction and ideological and political work.The fourth part is dedicated to put forward the basic countermeasures of perfecting the administrative sanction's system to civil servants in China. According to the main problems on the administrative sanction's system to civil servants in China, it brings forward the three basic countermeasures. The first basic countermeasure is to innovate the administrative sanction's points of view, bringing up the four new points of view about the a...