Research On Civil Servants' Appeal System

As we all know, the harmonious and stable development of the modern society relies on the effective management of the government. As a main body of legislation, the government itself does not have the capability of will and behavior, whose expression of the will and implementation of the policy in the final analysis depend on its micro--members, the civil servants. They are the concrete governors of the nation and essential elements for the normal operation of the state apparatus. As the governors of the nation, civil servants are vested with a strong public right to exercise management functions by the law. Meanwhile, as a professional group, civil servants should also have relative legal rights to ensure the effective exercise of their power and to protect their own interests from being invaded. However, our nation's current legislation and the ordinary people's traditional concept, often pay more attention to the obligation of civil servants, neglecting their rights and the relief guarantee of their rights, forming an unbalance state between rights and obligations of civil servants, which is contrary to the reasonable extension of the contemporary concept of human rights in the civil servant group. This thesis is divided into 3 parts:The first part is a general overview of the Civil Servants'Appeal System. It elaborates the definitions of appeal and appeal right, and arrives at the concept of Civil Servants'Appeal System, which refers to the system of civil servants refuse to accept the decisions on personnel arrangement related to their rights made by authorities and express their views and demands to the relevant authorities in accordance with the law for rearrangement. It is a right relief system of non-litigant nature handled in accordance with the law by the state administrative organs. In order to be able to deeply understand the connotation of Civil Servants'Appeal System, the author researches into the theoretical basis of Civil Servants'Appeal System, and arrived at the theoretical basis of Civil Servants'Appeal System as: Civil Servants'Appeal System is the institutionalization of fundamental human rights; Civil Servants'Appeal System is the reification constitutional rights; Civil Servants'Appeal System is the routinization of right relief. Then, the author investigates the characteristics of Civil Servants'Appeal System. Compared with other appeal systems, Civil Servants'Appeal System has legal, special and administrative characteristics. Finally, the author believes that the research on Civil Servants'Appeal System has the following meanings: Firstly, it is the necessity to protect the realization of civil servants'rights in accordance with the law to build a country under the rule of law; secondly, it is the necessity to the perfection of the civil servant system; thirdly, it is conducive to the promotion of personnel management to transform from the rule of man to the rule of law, and thus to stabilize the civil servants'rank and to mobilize the civil servants'enthusiasm; lastly, it is conducive to the formation of a strong internal check and supervision mechanism, and to promote the construction of the Party conduct and a clean and honest administration.In the second part, foreign Civil Servants'Appeal System and enlightenment. Looking into other countries'Civil Servants'Appeal System of foreign societies, due to the political, economic and cultural differences, and the difference in theoretical understanding of the right relief to civil servants, different countries'Civil Servants'Appeal Systems have different characteristics according to the accepting manners and procedures of appeals, forming relief system modes of different characteristics as American, Britain, French, German and Japanese modes and so on. The author plans to choose American, French and Japanese modes, whose development of Civil Servants'Appeal System is relatively mature, as representatives, through the description and analysis of the Civil Servants'Appeal System rooting in the fundamental conditions of their domestic societies, focusing on discovering the meaning of methodology of these three modes, summarizing the development trend of Civil Servants'Appeal System in the modern world, and thus extracting the elements that Civil Servants'Appeal System should have under the ideal state, as the theoretical guidance of the improvement of China's Civil Servants'Appeal System. The author believes that Civil Servants'Appeal System under the ideal state should have such factors as: A strict system of personnel management, specialized administrative authorities, and strict and detailed rules and regulations.The third part is the status in quo and perfection of China's Civil Servants'Appeal System. Firstly from the perspective of history, the author investigates the historical evolution of China's Civil Servants'Appeal System, researches into the historical origin of China's Civil Servants'Appeal System and understands its development process, to lay the foundation for the research on Civil Servants'Appeal System. Secondly, combining the relevant theories and practice, the author researches into China's current Civil Servants'Appeal System and discovers the following defects of it: Firstly, the accepting authorities of civil servants'appeals lack independence. The most basic requirement of modern principles of natural justice is that judges can not judge for themselves, and they must keep neutral in the process of judgment. So, the non-independence of the accepting authorities of civil servants'appeals seriously affects the fairness of the appeals. Secondly, the scope of accepting and hearing of civil servants'appeals is too narrow, not conducive to relieve the civil servants. The limitation of the appeal scope stipulated by the Civil Servant Law predominantly appears as civil servants can neither get relief for infringement by injustices nor for damages to their indirect or immediate benefits. Thirdly, civil servant appeal lacks strict programming. Due to the inflection of China's concept of paying attention to entities, looking down on programming, programming is either neglected as a stumbling block of administrative efficiency or becomes old ways administrative organs persist in working, and thus the open, participative, equal features and the feature of ensuring rights'realizing of programming in democratic society are neglected. Fourthly, civil servants and administrative organs lack enough awareness of appeals, which hinders the development of Civil Servants'Appeal System. Due to the inflection of years of rigid thoughts and official standard thoughts, as well as the certain degree of misunderstanding in the recognition of the behavior of administrative proceedings, some civil servants dare not appeal. Otherwise, for the servants'appeals, some state organs prefer private internal resolve. Lastly, the author puts forward the ideas for the perfection of China's Civil Servants'Appeal System: the first is to establish independent personnel agencies. To construct detached personnel management agencies in line with China's national conditions to take charge of civil servants'appeals specially, and thus to protect civil servants'legal rights. By doing so, on one hand, the legal status of the accepting authorities can be elevated and the authority of the accepting authorities can be established; on the other hand, the accepting authorities can gain a neutral status and ensure the fairness of civil servants'appeals; the second is to enlarge the scope of accepting civil servants'appeals. In order to protect civil servants'legal rights more roundly and meet the requirements of modern administration, the scope of accepting civil servants'appeals should be reasonably enlarged. The behaviors of damaging wage and welfare benefits, examination results of civil servants, appointment of civil servants, training for civil servants and working conditions shall fall in the scope of appeal; the third is to perfect the procedures of civil servants'appeal. Protecting civil servants'appeal right or other procedural rights closely related to civil servants'appeal right shall become a needful specific procedural right in realizing civil servants'appeal right. These rights shall at least include: the right to be apprised, the right to ask for holding a hearing, the right to gain fair treatment of accepting authorities and the right to ask the decision-makers to explain the reasons, and so on. the fourth is to cultivate the legal ideas of civil servants and administrative organs. In order to change the civil servants and appeal accepting authorities'indifference toward appeals, publicity of the rule of law must be strengthened, and the authority of the law must be established. The fifth is to establish supervisory and control system of appeals. Supervision must be strengthened during the handling of civil servants'appeals, in order to ensure the rigor, fairness and independence of Civil Servants'Appeal System, and thus promote the realization of civil servants'appeal right and practically protect civil servants'legal rights and benefits.