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Research On Perfecting Civil Servants Relief System Of Administrative Discipline In Our Country

Posted on:2006-07-25Degree:MasterType:Thesis
Country:ChinaCandidate:K LuoFull Text:PDF
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The civil servants of our country can only seek succor inside the administrative agency after being disciplined, because of being influenced by such respects as the idea, system, institution, etc. relief system of current law can't do well on the civil servants. Through comparing foreign relief system of civil servants disciplining with our country's, this text analyzes current situation and problem of relief system in Chinese civil servants law, in the hope of seeking a effective way to perfect the relief system of civil servants in our country, so as to strengthen the civil servants' right protecting by law.The first part is an introduction. It is mainly about the importance of strengthening our country civil servants ' right by perfecting the relief system after being disciplined, at the same time, a brief illustration about the target, range and research approach of this text also will be given.The second part mainly carries comparative researches on foreign civilservantss' relief system. Through describing correlated legal system in the country and area where the legal system is comparatively completing, it sums up the common legal characteristic that various kinds of system modes have. In such respects as the state of law developing, cultural idea of law, etc, it analyses the factor that influenced the law of relief system for civilservants's administrative disciplines. It dewells on the enlightenment that various kinds of foreign system modes can help to perfect our country relief system about administrative discipline.The third part mainly analyzes the current situation and issues of relief system for administrative discipline of civil servants law in our country. It sums up the relevant legislative examples of civil servants law in our country and summarizes present problems existing in civil servants law of our country: deviation of realization in appealing, some civilservantss dare not to put forward the appeal, the accepting organ usually holds a passive attitude to the appeal, inefficient operation of appealing procedurex unclear authority of accepting organ ^ the accepting organ lacking of neutrality % absence of independent arbitration institution. Civil servants can't seek judicial relief, and court doesn't accept administrative litigation that is brought up by civil servants because of administrative discipline.The fourth part puts forward a speculation about how to perfect relief system of our country's civil servant law .On the basis of analyzing the conflict between citizen's fundamental right and administrative power, and the function and principle that the judicial power gets involved, it puts forward suggestion to perfect the relief system of our country: firstly, making the administrative relief system perfect, establishing relevant regulation relating to "civil servant law "and making the relief path, way and procedure unified ,concrete and clear for civil servants' to appeal .Perfecting civil servants' appealing procedure, regulating the procedure of appealing, trying and executing .Setting up independent arbitration commission for civil servants' appealing outside the civil servants' administrative organ , so as to guarantee the judicial in system. Secondly, bring in judicial relief, define its range according to the nature, consequence of the administration discipline, put such administrative discipline as dismiss disemployment which will influence civil servants' fundamental right and administrative identity into judicial relief scope, definiting concrete judicial relief procedure. It should stipulate that civil servants could file suits in people's court, if the arbitration committee don't answer during the regulating time or the applicant does not agree with arbitration consequence when the civil servants asks for the arbitration.
Keywords/Search Tags:Civil servant, The administrative discipline, The administrative relief, The judicial relief
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