On Administrative Punishment System Of Public Servants In P.R.China

As the main body of governing, government servant bears the functions of State affairs and social public affairs and has a direct influence on the party's ruling ability and the management level. The issue of public servants law is a sign of new stage of management by law. But this public servants law has shortcomings on administrative punishment on public servants. This article aims to make a comparative analysis on the system and experience of administrative punishment on public servants in foreign countries and along Chinese histories. On the basis of this, this article analyses the problems and shortcomings of present administrative punishment system in China. On the basis of systematic, comprehensive and effective analysis on present administrative punishment system in China, this article makes a constructive advice on the system of administrative punishment of public servants in China.This article makes an objective analysis and estimation on the system of administrative punishment of public servants in China on Chinese actual conditions, making a comprehensive use of inquiry research method, historical research method, systematic research method and exploratory research method. On the basis of summing up administrative punishment system in China and foreign countries, this article puts forward constructive reforming advice for administrative punishment system. Since the definitions of public servants is not limited to the servants in governing organs, the aspects of present administrative punishment system needs to be perfected. The aim of this article is to fill up the vacuum area of the system of administrative punishment of public servants, so it is meaningful to the construction of administrative punishment system in China.This article is divided into five parts, besides foreword and conclusion.The first chapter introduces the basic theory of administrative punishment system of public servants. It mainly introduces the definitions, characteristics, legal relations, basic principles and meanings ofadministrative punishment system. It is should be noted the definitions of public servants administrative punishment. The administrative punishment for public servants means an administrative measure taken by national administering organs to be applied to punish public servants whose actions are not serious enough to be sentenced according to legal procedures by laws and regulations.The second chapter makes an analysis on the foundations and realistic meanings from the aspect of jurisprudence, constitution and administrative law. First, this article uses the nature of law, procedure fairness and law-rule theory in constitution, absorbs the thoughts of peoples' rights, fundamental human rights and national citizens' rights. Second, it uses the contents of administrative liability, administrative execution and administrative procedures, so this article has a solid theoretical foundation.The third chapter is about the reference of administrative punishment system for public servants. This article mainly values the managerial system of managerial system of officers in ancient China and foreign countries. Make the past serve the present and foreign serve China. It mainly introduces the managerial mechanism, rights-keeping and remedy mechanism in foreign countries and inspecting mechanism, supervising mechanism and punishing mechanism in China.The fourth chapter makes a vivid and complete discussion and analysis on the construction, cause, forms, procedures and remedies of administrative punishment system in China. It is the first time that the concept of administrative punishment management system is put forward in China. The administrative punishment management system means the allocation and functioning model of using administrative punishment power. As to a nation, it refers to which government organs have administrative punishment power and how to use administrative punishment power system.The fifth part discusses how to reform administrative punishment system for public servants in China. This part is the core contents of this article. It points out the flaws existing in Chinese present administrativepunishment system for public servants and puts forward the relevant reforming advice. First, set up managing committee for public servants in order to implement the separation principle of staff and affairs, the independent principle of staff and affairs and supervising principle of staff and affairs. Second, set forth the administrative punishment items and increase the material punishment stipulations. Third, add up plea procedure, parties participating procedure, defending procedure, hearing procedure and criminal procedure continuously. Fourth, bring judicial remedies on the basis of reviewing, pleading and accusing. The conclusion is drawn on the basis of summary and extraction of the article.