Study Of The Feasibility Of The Introduction Of Judicial Relief Of Remedy Of Right Of Civil Servant In Our Country

Since the enlightenment thinkers raised natural rights, the people have the right to the sacred nature of the doubt. The right dependence relieves. Civil administration and the natural dual identity, their decision should not override the general members of society have additional rights, but when their basic rights are prejudiced, particularly suffered from government agencies violated, the law will have the same procedures and methods for help with the relief rights. Today, the administration of the rule of law, when the other regions in the process of developing a significant protection of the basic rights of civil servants, the theory and practice of administrative law perspective, the rights of civil servants confined to internal administrative relief, exclusion judicial relief has not to the protection of human rights and constitutional development requirements of the times, this article seeks to civil servants and the executive position of the relationship between the point of view of, combing the evolution of its theoretical basis, and compare the mainland of the rule of law and common law countries and regions experience and practice, the angle of the civil service system innovation system of perfect relief right idea. Sound progressive vision to transform the existing civil service rights of the relief system, the introduction of the feasibility of judicial proceedings. The writer believes that, in order to build a harmonious society with the aim of promoting the improvement of the capacity of public administration, and respect for the constitution, the constitutional state-building and protection of human rights does not run counter to the goal.The full text is divided into five parts.The first part is the full text of the cornerstones of the defining theme of this paper to discuss the definition and scope. Research by the first read the definition of civil servants, the civil service rights, the rights of civil servants relief, and other related start with the concept of layers of interpretation on the theme of the paper the concept of a general framework of delineation, and within the framework of discussions.Elaborate on the second part of the Western countries with the development of administrative law, the creation of the theory of special power relationship. From a historical analysis of China's civil service in the right relief system, pointed out that the system is not affected by the special power relationship. Next, as a special language carding critical power relations based on the theory of human rights theory, constitutional theory, the special relationship between power relations and the basis of that relationship management theory, the importance of theory, in particular legal relationship theory. Civil rights relief system to democracy and the rule of law should be the basic value orientation, and seeking administrative relief and the combination of judicial relief, for the fourth part of the theoretical foundation for the system concept.The third part in the second part of the theoretical foundation, the mainland introduced the rule of law and common law rights of civil servants national relief system, and summed up with the common characteristics and that I was able to use the advanced experience.The fourth part of the relief system of the civil service rights of an analysis of the status and rights of relief that the scope of the admissibility organs, judicial channels deletion, regulations, the lack of convergence system deficiencies. This is the specific problem, solve the problem provided below target.Part V of the civil service to improve the rights of our relief system, the introduction of the feasibility of judicial relief procedures. Based on the legitimacy of judicial relief procedures, the advantages and obstacles to weigh on the introduction of the feasibility of judicial proceedings, and thus proposed the introduction of the specific procedures for judicial relief operation programme.