On The Relief System Of Civil Servant

The right of civil servant is a kind of basic rights in the modern country under the rule of law. It has basic attributes of rights. But the tradional legal theory dosen't treat it as a basic right equally with civil rights and criminal rights. There are two different theories about relief to rights of civil servant. The one is "the relation of special power" theory in countries which belong to civil law system, and it emphasizes the inside relief; the other is "benefits protected by due process of law" theory in countries which belong to common law system, and it emphasizes the outside relief. And under the construction of above two theories it produced two different relief systems to rights of civil servant. However, as the development of practices, the differences between them are graudually shrunking, and two theories and practices are becoming together. While our country's relief system to civil servant still adapts "the relation of special power" theory, so it is not suitable to the tide of the world. We should reform gradually and take rights of civil servant as a kind of basic constitutional right. Then we should do things under the requirement of the rule of law, and construct relief system which combines outside relief with inside relief to civil servant.