Rearch On Right Relief System For Civil Servants

The civil servant system originates from Britain and then enjoyed a prosperous development worldwide. The development of the system in China started later and its predecessor is cadre and personnel system after the founding of PRC. Along with the rapid legalization in our nation, the civil servant system develops fast. However, many defects and shortages are also emerging. One of them is the imperfectness of the right relief system for civil servants. Although direct implementers of public authority, civil servants are faced with equal threats with ordinary citizens against their legal rights and interests from inside the administrative system, including the torts by administrative organizations and their superiors. Besides, the administrative law circuit in China focuses its study mainly on the right relief for opposite person for administration such as citizens, legal persons and other organizations, while as the representatives of implementation of public authority, the right relief for civil servants are often overlooked-the study on the right relief system for civil servants in China is deserted. After a comparative study between the right relief system in China and that in developed western countries, the author pointed out the defects and shortages of the system in China, introduced the more developed system in UK and US and conceived of a blueprint for the right relief system for China.The preface mainly introduces the reason and meaning for choosing this topic and related study in foreign countries. Because the civil servant are the implementer of public authority, the guarantee of the rights and interests for themselves counts a lot and may even influence the efficiency of the administrative system. Foreign countries have already established relatively sophisticated system of right relief for civil servants, while the study from the field of administrative law needs to step further.The first section mainly introduces the related concept and content of the right relief for civil servants. The author paraphrases the right of civil servant and then illustrates in detail the rights of civil servants in China and the current ways and procedures of right relief in China.The second section mainly introduces the defects and shortages of civil servant system in China, which include the issues on the awareness, the limited way, the non-standardized procedures and the compensation for right relief. The third section mainly introduces the right relief system in the United Kingdom and the United States, including the organizations for right relief and the approaches of it. Besides, it summarizes the progressiveness of the right relief system in both UK and US and analyses their instructive aspects to us.The fourth section visualizes a perfect right relief system for civil servants in China, including a reconstruction of the right relief organizations, a visualization for a perfect administrative relief, an introduction of hearing procedure for the impartiality and transparency of right relief and a conception of an administrative and judicial dual relief.