On Position Employment System For Civil Servant In China And Its Legislative Perfection

Civil Servant Act 2005 makes a regulation on three manners of appointments to the position such as commission, empanelment and employment. As a creation in the new act, position employment system for civil servant will run to the largest significance in the real world. First, it can cater to the national departments'needs of seeking civil servant's candidates with expertise, experience and longevity; second, it can help the national departments reduce costs on the civil servant's appointment; third, it can contribute to the perfection of the appointment system as well as the improvement of vitality and vigor in the civil servants'queue. Position employment system, however, is still a new appointing manner; hence comes less profound research in the theory and then less detailed provisions in the act. Both of which makes difficult the system's operation in practice. Hereby, this article, on the basis of the relevant research on position employment system, makes a fairly systematic and comprehensive discussion and then gives the author's opinion about it.There amounts to four parts in the article except the introduction and conclusion.The first part elaborates the connotation of the position employment system and related concepts to it, which refer to"civil servant","position","principalship","position employment"and"government employee system". Relying on the deep understanding of the system, the author in the second part sets forth that its key in law is the legal relationship between the employed civil servants and the employing national governments. In author's opinion, the relationship is in essential the one between the national government's management rights (power) and civil servant's rights. Further, the author points out that the system's plan aims to get the balance of these kinds of rights. And in the next part, it first analyzes the provisions of the system in the act, and then indicates the legislative deficiencies in the context of the system's legislative objective. Considering and benefiting from the effective methods in the American temporary employee system and in the enterprise units'employment system, the fourth part focuses on the legislative perfection of the position employment system from four aspects such as entrance management, employment contract, agreed wage system and exit management, and finally puts forwards the proposals for references in theory and in practice.