A Study On The Legal Status Of Chinese Employed Civil Servants

Employed civil servants are a new type of civil service the implementation of "Civil Servant Law", and the incumbent duration and the stipulation of rights and obligations of the agreement become a characteristic which is different from Civil Servant of the permanent tenure. Since Human Resources and Social Security Department decide to carry out the appointment civil servants pilot in Pudong , Shanghai and in Shenzhen, Guangdong, there have been dozens of employed civil servants to take their posts, accordingly, the regulations on appointment civil servants in districts will unveil one after another. For the employed civil service management, its legal status is undoubtedly the most important. These problems that which rights and obligations the employed civil servants should enjoy appear as the appointment carry out deeply in scope. This thesis is starting from this problem and starts exploring. The whole thesis is divided into four chapters.Chapterâ… is introducing how the employed civil servants come to being. Appointment of civil servants is a way of civil service recruitment while in Western countries it deals with the deficit, the increasingly complex administration and specialization, but the traditional civil service system to explore the process of becoming more rigid. Accession to the World Trade Organization, China government economy and the social management are getting more complex, which needs higher requirements for the quality of civil servants. To solve the major problem that government is lack of professionals, appointment becomes a statutory way to recruit civil servants, and the employed civil servants come out accordingly.Chapterâ…¡discusses the meaning and content of the legal status of civil service appointment in our country. Employed civil servants are recruited through the appointment of civil servants, and the legal status of the employed civil servants will fundamentally means t the rights and obligations of the employed civil servants. Reference to the content of the rights and obligations of permanent civil servants, the rights the employed civil servants have personal rights, duties rights, economic rights and interests rights.Chapterâ…¢analyzes the problems and reasons about the current normative documents in the legal status of civil service appointment system. Rights as following: in the civil service appointment the property of appointment contact i at the heart o does not specify, on the surface, this problem does not belong to the scope of the right of appointment of civil servants, but the appointment contract is the carrier of the right of the employed civil servant, whose nature has an important impact on the rights of the employed civil servant. The rights for duty guarantee, salary insurance and welfare, and job promotion and training have the uniform and clear rule. In addition, as a means of dispute resolution personnel dispute arbitration system and the litigation system is not strong there is the issue of interoperability. Obligations, to enjoy the power of appointment of civil servants in accordance with the law, in order to ensure that its law, a clean, efficient exercise of powers, obligations must be bound by the current specification does not cater for this. Appointment is a reform of civil servant management system to meet the need of our country's accession to the WTO, and also other complementary way of civil servants recruition ,in a subordinate position. For a long time, tenure is an important feature of the civil service, the deep-rooted opinion, and must have a term of appointment of civil servants so that they belong to civil servants are suspected.n addition, the appointment of civil servants our country exists for a short term, only a limited number, because the discharge caused by the appointment of the controversial contract also does not appear to address the legal status of civil service appointment of the urgency to solve the problems of the employed civil servants is still weak.Chapterâ…£proposes recommendations to improve the legal status of the employed civil servants in our country. first of all, the appointed contract will be described as administration contract, given the employed civil servants the rights an advance in rank and training, then, clearly stipulates the right for the duty guarantee of the employed civil servants, and establish the uniform regulation for salary insurance and welfare as soon as possible, and refine the welfare rules to strengthen the manipulation. Obligations will be incorporated into the appointment of civil servants to avoid the scope of service at the same time, after its service is limited.