| Civil servants' rights are the basic rights in morden countries. Due to the particularity of the status of civil servants, theorists always differ in their opinions about the topic of guaranteeing servants'rights. In order to guarantee civil servants' rights, developed countries have established complete civil servants' rights relief systems. By comparison, our country's civil servants' rights relief system started later, and the system is not perfect to fully guarantee the civil servants' rights. Therefore, the research on civil servants' right relief has important significance.Based on the analysis of the basic problems of civil servants' rights relief China, civil servants' rights relief systems in major countries are studied, and the revelations for our country are summed up. Then the author discusses the current situation of the civil servants' rights system China. After pointing out the disadvantages, the reason, which blocks the development of civil servants'rights China, is found. Finally, based on the present situation and useful experience abroad, some proposals are put forward to perfect the system.This article is divided into 4 parts:Part 1 is the analysis of the basic problems of civil servants'rights relief. This part defines civil servants'rights first, and analyses civil servants'8 rights prescribed in"Civil Servants Law of the People's Republic of China"respectively. Civil servants have two kinds of status, that is national public servant status and citizen status. The author thinks that the main reason for the argument about civil servants'rights relief is the particularity of their status. The civil servants are always considered to be a mighty group and their rights should be limited by the law for the reason that they always exercise rights representing the state. But the author thinks that although the status of civil servants'is particular, their rights can not be deprived of. Moreover, guaranteeing civil servants'rights and perfecting civil servants'rights system have important significance.Part 2 discusses civil servants'rights systems in the continental law countries and common law countries respectively. Some foreign civil servants' relief systems and the revelation to our country are introduced. Civil servants' rights disputes as a kind of social disputes is world widespread phenomenon, but is also the social problem and legal issue that have the common attention of all countries. During the solving process of civil rights disputes, the developed countries have formed a complete set of mature and complete systems. Due to the complexity of the civil rights disputes, many countries have several systems mixed. According to its actual situation, countries all set up for civil servants' right relief organs, who are responsible for handling appeal, accusation, consultation and judicial review etc. Civil servants' rights relief procedures are different from one country to another. The foreign successful experience in handling civil servants' rights disputes should be used for reference to construct and perfect the system China.The 3rd part is the analysis of the current situation of civil servants'rights relief China. Firstly, this part introduces the current system of civil servants' rights relief China, and then analyses the problems existing in it and discovers the reason for blocking the development of the system. In the way of civil servants' rights relief, our country only prescribes some administrative relief such as review, appeal and charge etc. No judicial relief is available. The most disadvantage of civil servants'rights relief China is the absence of judicial relief. In addition, many problems are exposed in the judicial practice of administrative relief of civil servants' rights. The author thinks that there are two reasons for the problems existing in relief and the hindrance to development. One is the influence of academic theory, another is political and economic system, which make the right consciousness of civil servants weak.The fourth part is about completing and perfecting our country's civil servants' rights relief system. The author gives a proposal from two aspects, that is administrative relief and judicial relief. In perfect administrative relief, we should guarantee the authority and neutral of relief agency, and perfect the procedure of complaint and personnel disputes arbitration system. In the aspect of establishing the judicial relief, firstly, we should be clear in the judicial administrative boundaries to avoid friction between administrative and jurisdiction. Secondly, introducing the judicial relief should follow the two principles, that is keeping the uniformity of legal system and maintaining the efficiency of government. Finally, due to the ties between administrative organs and judicial organs, special organs or departments should be set up for handling civil servants' litigation cases to avoid the influence between them.
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