The Official Human Affairs Right Relief System Reconstruction In Our Country

The official is the important constituent of the entire administrative organ underlying tissues system, administrative organ's primary mission all must complete through official's work with the realization, may say, the administrative organ work progress is smooth or not has the inseparable relation with the official own work enthusiasm. Therefore, emphasized official's right, pays great attention to his protection, can provide the powerful condition for the normal administrative work. Implemented "People's Republic of China Official Law" to January 1,2006 to be clear about the right scope which our country officials enjoyed: Obtains fulfills the working condition which the responsibility must have; Non- because the legal matter, non- after the legal procedure, is not removed from office, the demotion, resigns or the punishment; Obtains the wages reward, enjoys the welfare, the safe treatment; Participation training; Works to the institution and the leadership personnel to give the criticism and the suggestion; Proposes the appeal and the accusation; Application resignation; Legal rule other rights. This stipulation has covered politics, the economy, the duty, the status and so on many aspects. In order to safeguard the above right the implementation, the official law has also stipulated in view of the above right relief way - appeal and accusation.Although our country had stipulated in the legal stratification plane the official is enjoying the widespread right, also is not inferior to the developed country correlation stipulation; But, in the reality, the right relief condition is not very optimistic, even far falls behind the developed country, created the official partial rights empty to set. In our country, the administrative proceedings and the administration reconsider is all removed beside official's legal relief, official's relief way is only restricted in proposed the appeal and the application reexamine. Looking from the authority and the validity of relief, our country relief measure obviously has the insufficiency; Moreover, our country relief agency leaves the punishment for the original work the institution either the same level government's personnel administration institution or the supervisory institution, the deficiency of the authority of the relief agency, the neutrality and independent deficiently causes the relief effect not to be unfair.At present, my official's right relief question already entered the field of vision which the scholar paid attention, its involved the theory, the practice question have also brought to the more and many administrative laws scholar's attention. But, specially discusses about the official right relief aspect actually not is seeing. The scholars mostly realized this question existence as well as the solution necessity and the feasibility, but had not proposed actual was effective, detailed solution; Some scholars pay great attention to the official right relief the comparison research, but only is restricted in the introduction elaboration, lacks the usability; Some scholars pay attention to the official and administrative organ's relational - special authority relations theory question, but actually has not carried on the proof to the official legal relationship theory foundation ; Some scholars only involve to the official some right relief research, lacks to the official overall right relief system research.This article argues vigorously from following several aspects seeks the breakthrough point: Firstly, in the research object aspect, pays great attention to the official right human affairs right relief system, the thorough research, but is not to the official each on the one hand the right relief carries on exudes the discussion. Secondly, in the research technique, in conducts the various countries' official right relief system comparison research in the foundation, even more will pay great attention to the overseas advanced system and our country national condition unifies, seeks to be possible road of the model. Lastly, in the viewpoint, in carries on the theoretical analysis in the foundation, raises appears the stage to suit our country national condition the official right relief system tentative plan, has the certain practical significance.