Study On Improve The Way Of Relief About The Public Office Rights

Rights remedy is an important part of the legal system. The current situation of remedy of public office rights the true reflection of construction progress of legal system of civil servants and government by law. Comparing with rights remedy of citizens, remedy of public office rights incarnates the universal requirements of the principles of human rights protection and administration by law, and is fiercely influenced by disciplines of personnel administration, and presents different levels'special ideals and institutions. In the contradictory movement of implementation of principle of universality and embodiment of requirement of practicality, remedy of public office s in each country goes across hardships and gains ample historical experiences and institutional achievements. It is the important reference for China's construction and practice of system of remedy of public office rights which is at its threshold. In the perspective of comparative law and in legal system of public office rights in legally-developed countries, the regulations and practice of remedy of public office rights and the disciplinary characteristics reflected are a systematic remedy organism which is a combination of litigation remedy and non-litigation remedy, centered on judicial remedy. Remedy of public office rights is one way of realization of rights based on fully notice of rights, and a convenient, comparatively fair and low cost remedy which is formed by fully use of resources of non-litigation, and also a remedy by the ultimate judging power of judicial organs. Both litigation remedy and non-litigation remedy have their advantages and connected and complemented to each other, and together form the sound system of remedy of public office rights.The dissertation is based on completely rethinking of the current situation of remedy of public office right in China and from the perspective of comparative law to analyze the situations in legally-developed countries to discuss how to perfect China's situation. There are five chapters in the dissertation.Chapter 1 tells the scope and theme of the dissertation. It analyzes the basic conceptions of rights remedy of civil servants in aspects of conception of civil servant, scope, system of rights and regulations and system of rights remedy, points out the definition and scope of civil servants is influenced by political institutions, economic base and legal culture and appears variety and complexity. The definition and scope of public office right influences the system and configuration of system of remedy of public office rights. Rights of civil servants is built on base of veto of feudal accessorial personnel system and the embodiment of principle of administration by law and ideal of human rights protection in management of civil servants. Along with the development of modern civil servants system and administrative country by law, rights of civil servants gradually enlarges and types enriches and system becomes more sound and the issue of realization of rights appear more important.Chapter2 introduces the current situation of rights remedy of public servants and has deep introspection of it. First, by analyzing certain cases it demonstrates current regulations for public servants before and during their inauguration and when deposed from position, from which reflects our lack of judicial remedy in remedy of pubic office right, which impels substantial influence on public officers; second, it analyzes the reason for deficiency of judicial remedy from two aspects-current laws and imperfection of theories; in the end, it thoroughly explains various deficiencies in remedy of public office right and strives to find out proper solutions.Chapter3 compares remedy systems in different countries from theory and practice, especially in Britain, America, France and Japan, aimed at comprehensively discussing the characteristic of remedy of public office right so as to find out the measures suitable for our country.Chapter4 introduces the perfection of non-litigation remedy. Limiting rights remedy to substantive rights and procedural rights, it provides operational and revolutionary solutions to the deficiencies in our existing laws and gives suggestions on how to strengthen organic independence, improve existing system of appeal and accusation as well as procedural system, and calculate arbitration system so as to perfect system of non-litigation remedy in public office rights.Chapter5 mainly tells the detailed plan to construct administrative litigation of public office rights. It discusses the feasibility of administrative litigation of public office rights from aspects of theoretical preparation and practical basis to prove it is possible and necessary for our country to build the system of administrative litigation of public office rights; it also makes a comprehensive analysis of it in aspects such as the basic principle, scope of scrutiny, participants, the responsibility of adducing evidence, verdicts and state compensation.