Comparative Study On Disciplinary Liability Of Civil Servants

Disciplinary liability is a type of administrative penalty imposed by the government on civil servants which have allegedly failed to exercise their duties. Nowadays, it's become a trend to bring civil servant practices under the ruling of laws. Disciplinary liability system is the key sub part of the civil servant systems of various countries from across the world, which have passed special laws or regulations to that effect. The disciplinary liability is of great significance to the law-based management and the rights and interests protection of civil servants. Considerations on the theoretical basis, legal connotation, characteristics and prospects of the civil servant system are the main contents of the paper. The paper is divided into four parts. Part one: definition and characteristics of disciplinary liability and comparison with other types of liabilities like administrative, criminal and political penalties. Part two: jurisprudential study of the disciplinary liability via analysis of the traditional "special power relationship" and the unpopular "labor contract relationship". Several principles should be observed in understanding the nature of the relations between civil servants and the government. Part three: Finding rules from legislations of other countries and regions including France, Japan, America and Taiwan. Measures, objects, procedure and remedies are taken for detailed exploration. The paper has also extended some suggestions for the amendment of China's effective civil servant decrees.