The Protection Of The Rights Of Civil Servant

Our country is working hard on constructing a nomocracy government and harmonious society. It is known to all that the harmonious and steady development of modern society rely on the efficient management of the government, while the expression of the will of government and the execution of policy rely eventually on the public officers who are the real manager and the basic element of the operator of national organs. As the manager of the country, public officer has the great power given by law to exert their function in management, and as a group of profession, public officer should also have corresponding legal right to guarantee the effective operation of its power and to protect its interest from being violatedThe right of the public officer is an important part of the system of the public officer and is one of the elements of legal relationship of public officer. The precondition of protecting the right of public officer is to nail down the contents of the right of the public officer namely the declaration of the right of public officer by law. In order to protect the right of public officer, the developed western countries have established mature and distinguished systems which have such characteristics in common: firstly, regard litigation as the last tool of redress of right of public officer; secondly, the redress organs inside the administrative system are above other general administrative executive organs in position and are very independent; thirdly, the redress method and procedure and the rights and obligations of the concerned party inside the administrative system largely learned from the prescription of judicial litigation with concrete content, clear operation and high transparency; fourthly, the party concerned may hire lawyer and require to sue in public court or hold hearings. As comparison, our country habitually regards the legal relationship of public officer as inner administrative action. In former legislation and the traditional opinion of common people, we concern more about the obligation of the public officers and neglect the right of them and the redress of them, as a result, unbalance between the right and obligation of public officer came into being.The Law of Public Officer in People's Republic of China (hereinafter is called public officer's law) is law to improve the system of protection of the public officer's right, aiming to regulate the personnel management of public officer and restrict the power of the country organs and guarantee the right of public officer. As a component part of administrative law, public officer's law regulates the legal position of the public officer which is represented in the right and obligation of public officer. The right of public officer refers that the law endows the public officers with the legal right to take or not to take certain action, or to require other people correspondingly take or not to take certain action when the public officers are executing public affairs or are on duty. The public officer's law prescribes that the public officers have nine kinds of rights to ensure the realization of their legal interests. In the chapter II of public officer's law, there are detailed regulations on the qualification, obligation and right of public officer. However, it is not enough to put the rights and obligations on paper; we should set up the preventing system for the infringement of public officer's right. Otherwise, the right on paper shall not be carried out in reality and the daily life of the public officers.This thesis begins with the general introduction of the protection of the right of public officer. At first, it briefly analyses on the content and range of public officer and that of the right of public officer. It offers the theoretic foundation of the protection of the right of public officer through the analysis and judgment on the theory of special power relationship and labor contract relationship in the angle of legal relationship of public officer and the relationship of right and power. Second, with the retrospection on the development of the system of the protection of public officer's right, it explains the status in quo on the system, analyses on the system of check, appeal and accusation, arbitration on personnel dispute, and judicial redress of public officer, and points out the problems on the system. Third, by learning form the experience of the foreign countries and clear understanding of the shortcomings of present system, it puts forward the blueprint and assumptions on the establishment and perfection of the system, such as, enlarging the content of the protection of the right of public officer, perfecting the system of appeal and accusation, arbitration on personnel dispute, and judicial redress of public officer, etc. To perfect the redress system of public officer, we should base on the status of our country, learn from foreign nomocracy and system arrangements, and try to combine strong points from both parts organically.