The Theory Of Special Power Relationship And Civil Rights Protection System

This paper from other countries, particularly the source of power relations, starting with the development and evolution of the Theory of Special Power Relationship in real terms in the rule of law and the principle of conflict and disharmony to the evaluation, and system for protecting the rights of civil servants to preclude judicial relief the status quo as the starting point, in-depth on power relations in particular meaning, types, characteristics and theoretical system, to study the theory of the mechanism of protecting the rights of civil servants affected.In this paper the focus of the study aimed at special powers relations from generation to have taken place in the evolution of the Enlightenment, change our present stage of protecting the rights of civil servants Misunderstanding. At the same time, compared with dialectical analysis method in detail civil servants enjoy the right to judicial relief, the necessity and feasibility with a view to the promotion of China's system of protecting the rights of civil servants to improve useful reference. Theoretical analysis and empirical studies of the combination of this method is the basic characteristics.The full text is divided into three sections:The first part is the Theory of Special Powers Relation's Overview. Special powers on the traditional concept of the origin, content, type, features and the formation of the theoretical system, With our unique "internal administrative acts" with the characteristics of the "special powers" to compare the characteristics, and a brief analysis of the theory of special power relationship between civil servants and the relationship between the countries in this area affected. Independent of the special power relationship in the legal relationship, the relationship between the laws does not apply all the rules, but only applies to internal rules, and this is the theory of special power relations "special" host. Because of our civil service and relations between countries in particular by the impact of the Theory of Special Power Relations, that the only in-depth understanding of the special relationship between power from the fundamental theory can better improve our country's civil service power protection mechanism, and can protect against the power of China's civil service mechanism The issue of effective solutions.The second part is the Theory of Special Power Relations and China's system of protecting the rights of civil servants. Civil Rights Protection System is a means to prevent the violation of the rights of civil servants to ensure that civil servants and the ultimate realization of the rights of the institutionalized use of the design. In introducing the mechanism of protecting the rights of China's civil servants the meaning of the Civil Rights of relief on the basis of the status quo, pointing out that China's several thousand years of feudal thinking of authoritarian rule, authoritarian system, as the system is the result of China's current special powers of the current state of relations between the major factor. And the theory of special powers relationship between protecting the rights of China's civil service system is no doubt the impact of. Because any of the legal requirements are based on a legal theory as China's Civil Relief excluded legal right to retain the principle that preclude judicial relief. On the face of it is based on our administrative law scholar's official "internal administrative acts theory", and in reality and the "theory of special power relationship" in the main application, scope of application, or characteristics of relations surprisingly similar in both. Rid of the "theory of special power relationship" and the isolation of "internal administrative action theory" is unrealistic, it is not conducive to further improve our mechanism for protecting the rights of civil servants.The third part which is the most important part of the text, through the theory of special power relations, the theory of perfect system for protecting the rights of civil servants is needful and feasibility. On some domestic scholars advocated the "special powers" the same as "special law" can not agree with the view. Especially the many different types of power relations, only for civil servants and state relations between the special powers such an area, such a view is untenable. This is an area where there is a need to be adjusted by law, can be called "administrative law", it must be recognized that there is a great need only part through internal rules changes, this can only be called part of "administrative relations. " Through the Theory of Special Powers Relations in the theory and practice of community development, and evolution of the analysis, should be amended in its foreign relations theory of special powers on the basis of the specific approach to China's mechanism for protecting the rights of civil servants and improve amendment. And put forward concrete measures to improve it. At the same time, relief from the judicial procedures, the targets, the main areas of the civil service system of judicial relief specific applications, the introduction of judicial relief on how to put forward some bold ideas.The conclusion is that only from the Theory of Special Power Relations, use of the "principle of proportionality" in the administrative function of the maintenance and protection of the rights of the individual interests of the two to find a "balance point". Adjustments to the part of the law by the executive authorities and the adjustment of the internal rules of the distinction between treatments, Make special powers in the maintenance of internal order of the relations, at the same time, relative to the basic human rights has be indeed,fully protected. This requires adoption of lifespan, legislative protection, judicial remedies, and many other efforts to better improve protection of the rights of China's civil service system. This is a gradual process, in this process, we need to do theory and practice of interaction and mutual promotion and mutual development, and constantly improve. Author hope in the near future, it will achieve the power relations in particular the principle of the rule of law into the unencumbered, so that this "loophole in the rule of law" has been filled, sunny weather under the rule of law.