The Study Of Civil Servent's Avoidance System

With the rapid development of the politics, economy, and society, the administrative power of the government has changed and expanded greatly. Thus the phenomena of the abuse of the administrative power become more and more serious. Therefore the surveillance system has been brought into attention. The administrative avoidance of the civil servant which act as one of the most effective administrative power systems, originated from the human nature of being treated equally. It meets the need of human's pursue of fair behavioral result. China is a society who highly valued social relationships. So it is likely for a civil servant to do mutual reciprocal help to his or hers relatives and friends. This kind of behavior violates not only the administrative fairness but also the citizen's legal rights. Therefore, it is necessary to make some restriction of the law system to avoid this kind of phenomenon. As long as doing this, can we reduce the civil servant's chance of pursuing personal rights through his power, thus to realize the administrative fairness. However, the legislation and performance of our present avoidance system is not very pleasant. There are a lot of existing problems such as the vague rules, the inefficient avoidance procedure, the vague responsibility of the civil servant, and the lack of necessary legal assistant approach etc.. As a result, how to study the avoidance system from the perspective of law to solve the problems of the present system has become one of the most important issues for the study and construction of the administrative law. This thesis aims to reveal a series of prominent problems existing in present legislation and practice by presenting the basic theory of avoidance system and put forward corresponding countermeasures on the basis of analyzing and comparing the legislation of the surveillance system home and abroad.