On The Perfection Of The Relief System Of The Rights Of Civil Servants Of China

In 1993, the enactment of "Provisional Regulations on Civil Servants" made our preliminary establishment of a civil service system .But the development of Civil rights protection mechanism has been relatively slow; China has stressed the obligation of civil servants and gave little attention to the Civil Rights, This is our long-standing practice of administrative and judicial practice of " obligational orientation". Until 2005, "Civil Servant Law" enacted by the Civil Rights and the protection of the rights have a legal basis. This paper is based on "Civil Servant Law" and the entire civil service system in China to explore the enperfection Civil rights relief mechanism.The first part mainly described the content of the rights of civil servant and its relief mechanism connotations. "Civil Servant Law" expanses the range of civil servants ,meanwhile,it also clearly provides the civil service of specific rights,such as the protection of identity rights,political rights and property rights ,and so on. Not only it provide the direct legal basis to the support of varied civil servants, but also established important legal foundation for China's civil servant rights mechanism .Civil protection mechanism covered the series of protection system of the wages and benefits of protection, social security, Working conditions on the basis of civil servant identity protection, political rights and property rights, .Civil rights will be effectively protected is to attract the public access to government public agency actively and dedicated to the public service.The second part analyzes the status and problems of the mechanisms for the relief of the rights of the civil servants,what's more,we point out the origin caused these problems. China's mechanism for the relief of the rights of civil servants including infrigement prevention mechanism and relief mechanism when civil servant is infringed.The prevention mechanism supporting actual system foundation to operating the preventing system that protecting the rights of civil servants.,however,at present,our country pratice the charging system of public servant.In fact, the civil service complaint system is not properly implemented, this is mainly because the civil servants are not active on complaint to protect their legitimate rights; Moreover, civil servants complaint procedures is not yet perfect; admissibility of the administration authority has not been specified; the implementation of the executive of the system is to ensure its efficiency,but the charging of public servant is constactive to the efficiency-persuit of the authority,therefore, the charging of public servant could't implement actually.The third part analyzes the relief system of civil servant right of the two main law system of the western. The countries employing the two law system settled complete judicial relief besides the administrative ones. It is necessary and important for the formalation of the judicial relief of civil servant right in our country.The forth part focuses on the perfect of civil servant rights relief system. It must establish the comprehensive preventive mechanisms for civil servant rights protection mechanism, besides, also have the right to a more comprehensive relief system.At the condition of studing western countries in the civil servannt rights relief system,we should complete the ptesent system and constitute civil servant right judicial relief system.The object is developing the relief system of civil servant right from solo-system to dual-ones and make it become Operational and actual efficial system.The promulgation of "Civil Servant Law" precisely and entirely settled the fights of civil servant and its protection system. Therefore, the perfection of civil servant rights protection mechanism is developing the exsiting single relief system of civil servant right,and adding the judicial relief against infringement.Thus, the Civil statutory rights had been violated when relief can be relied on administrative and judicial relief system to stop the continuing abuse of rights, and the damage has made reasonable compensation, in order to protect the rights of civil servants and make serving for the people at the better.