Analysis Of Civil Servants Avoidance System In China

In order to ensure public power exercised in accordance with the will of the people completely, In the process of the state civil servants fulfill their mandate, when the matters to be dealt with are interested with him, Civil servants have the obligation to be avoided. In China, A country high-impacted by the concept of family, an established civil servants avoidance system is the need of clean administration, and impartial law enforcement. Civil avoidance system is legal restrictions and norms for reduce and avoid favoritism and corruption which brought by family and other relations, To ensure that civil Service discharging their duties clean and honestly,for functions, performance of official duties, office areas and activities within a certain time after left of civil servants.Civil avoidance system is based on theory of power and authority in administration and theory of natural justice in jurisprudence. The purpose of its establishment is to remove obstacles in administration according to law, To ensure the fairness of administrative acts. Its significance is mainly reflected in three areas: Promoting social justice, ensure that the administrative justice, as well as create the conditions of an honest and clean government. There are four categories in the provisions of civil servants avoidance system: worked avoided, official avoided, regional avoided, leave avoided.There are still some problems in procedural requirements and implementation in civil service avoided system. Mainly in the: No unified laws and regulations in civil servants avoidance system; The provisions and legal cases in civil servants avoided system are fuzzy; provisions of civil servants avoided system procedure is not perfect; lack of relief system. The reasons are mainly the following aspects: by the effect of the traditional concept, the avoided sense is weak; Legislation is not completed, Matching system is not perfect, Lack of oversight mechanisms. Therefore, whether from the legal system terms, or administrative authority, Solute problems in civil servants avoided system is imperative in China.For status and problems in implementation of avoidance system of civil servants, this article combined avoidance system civil servants of overseas and China's actual situation that is: Raise avoided awareness of civil servants, perfect the legislation of avoidance system of civil servants, strengthen the oversight mechanisms to civil servants avoided system. This article is intended to provide an institutionalized ideas and settings for civil servants avoidance system, Provide advice and recommendations for administration according to law and chief justice.