Recostructing The Chinese Remedial System Of The Civil Servent's Rights

The remedial system of the civil servants' rights has directly relative to the safeguard of the legal interest of the civil servant , the efficiency and the justice of the interior administration ,and the achievement of the goal of the monocracy world. The other countries lay much emphasis on the rights of civil servant by legislation, and establish consummate remedial system. Comparatively speaking, the remedial system of Chinese civil servant is limited to the system of the administrative remedy, lack of the system of judicial remedy. It is the main problem of efficiency of the remedial system of Chinese .According to The Law of Civil Servant, the remedial system of civil servant's rights is reconstructed by comparing the international theory and the practice in this article. The remedial system of civil servants' rights. The article consists of there parts including preface, including:In the first chapter explains the basic concept in judicial remedy system of civil servants' rights. This part mainly introduces the range of civil servant, the kind of civil servants' rights, the concept and approach of judicial remedy. This article analyzes the scope of activities of China's Civil Servant Law what base on compare other countries' law. According to relevant provisions of Civil Servant Law .In china's judicial remedy system of civil servant, It mainly includes the leadership and the civil servant who is not the special positions, such as judges, prosecutor.In the second chapter, it reviews on the Chinese remedial system of civil servant's rights. It investigates the history evolution of civil servants' right relief system, then to summarize all kinds of problems as confine of remedy, the procedure of remedy, the institution of remedy. The main reason of the problem is that lacking of judicial remedy. It also analyzes the underlying reasons of the above.In the third chapter, it analyses the remedial system of civil servant's rights in different countries in theory and practice. In theory, after introducing the development of "special rights theory" in continental law and "contract theory" in common law, it demonstrates that litigation right should be given to civil servant to protect his basic rights. In practice, it compares administrative remedy and judicial remedy in different countries and concludes the inspirations.In the fourth chapter, it reconstructs the remedial system of civil servant's rights. Embarking from the value orientation of this system, it establishes several principles, such as "judicial last remedy", "using up administrative remedy", "remedial organ's neutralism". On the basis of these principles, it points out we should adopt such a mold that take administrative remedy as precondition and judicial remedy as the core. For constructing the system of administrative remedy, the remedial organs should be neutral and the remedial procedure should be due. For constructing the system of judicial remedy, the scope of remedy should be clear and the joint between the system of judicial remedy and other systems should be paid closely attention to.