The Study On Regulation Of The Civil Servant's Behavior

With the heating of"the civil servant is hot"phenomenon and constantly promoting of building a service-oriented government, civil servant's behavior are also more and more paid attention to by the society. Previously, the studies of civil servant's behavior are offten appeared in the administrative management field, and the purpose of the study is usually regulating the serving public service behavior of civil servants by the method of institutionalized and standardized management tools, in order to perfecting the system construction and implementation of civil servant's public service behavior. While, this paper based on the perspective of administrative law, the method of external controlling civil servant's behavior by legislative and judicial power in traditional administrative law aside, research how to regulate civil servant's behavior from the angle of administrative organs'internal control. The paper studies from the concepts of civil servant and related, and then find the current problems of the process of civil servants implementating administrative behavior. And analyse the causes of the problems, then, explore the theory basis and necessities of administrative organs regulating civil servant's behavior by the method of internal control. At last, proposed the specific system construction of regulating civil servant's behavior by the method of internal control, combining the causes of the servant's behavior problems.If want to study how to regulate civil servant's behavior by internal control, we should first clear concept of civil servant and category of civil servant's behavior in this paper. Therefore, the paper's first part starts with the concept of civil servant and their behavior, and then present the civil servant's behavior problems and reasons of the problems according to the actual situation. Firstly, the"civil servant"is a exotic, translated from"Civil Servant"or"Civil Service". The concept in foreign is not unified and in domestic has not a consensus explanation, either. Western countries are closely aligned with the Cabinet is usually based on whether the civil service into "administrative officer" and "Service Officer" categories, and at present, China has not adopted this classification, but in practice government does exist differences between administration of the public service and business class civil. And they exist a lot of divergences in way to produce, tenure, activity, responsibility, etc. Usually, administrative officer are not included in the scope of the civil service law by foreign government, and our country also reject produce, removal and supervision of the administration of the public service from the Civil Law. Therefore, the article is not will the administration of the public service as the civil servant, but to a narrow limit. The civil servant's behavior include the conduct of official duties also include the conduct of life as ordinary citizens, and this paper studies the former conduct. Secondly, at present the civil servant widespreadly exist serious abuse of administrative discretion in the process of implementing the administrative behaviors. Legislation is difficult to including the all complex situations in administrative activities, so there is necessity of the existence of the administrative discretion, however, this is the most convenient way of civil servant abuse power. Summing up our country civil servant's problems in law enforcement, there are mainly the discretion of law enforcement rules, the discretion of procedure, not follow the principle of self-constraint, conspicuously unfair punishment, idle at discretion, etc. Investigate its reason, the author thought has four aspects: firstly, lack of reasonable discretion; secondly, the civil servant's administrative morality are anomie; thirdly, lack of effective incentive mechanism of civil servants; fourthly, the internal supervision mechanism is imperfect.The paper's second part dicusses theoretical basis and necessity of regulating civil servant's behavior by internal control. And the theoretical basis include the constitutional principle of popular sovereignty, the administrative self-restraint and the theory of human nature basis. The principle of popular sovereignty emphasized state power is from the people who are masters of the country, then the power of the civil servant also comes from the people, and civil servants should make serving the people at work as the purpose of their actions. In order to build service-oriented government, civil servants need to clear the "public servant" status, administrative authorities need to regulate civil servant's conduct by way of inernal control. The meaning of the administrative self-restraint is that administrative authorities executive self-control of the administrative power, also including the self-control of civil servant, and this theory provides a direct basis for this article. The theory of human nature basis analyses essence of human nature from psychological views. And it points that neither the absolute essence of human evil, is not an absolute good, but a more neutral objective. This provides a strong theoretical support for administrative authorities regulating civil servant's behavior by way of internal control. About the necessity of regulating civil servant's behavior by internal control, the author analyzes two reasons: First, the way of external control of regulating civil servant's behavior exists limitation. Firstly, the limited scope of external control; Secondly, the limited effect of external control; Thirdly, the high cost of external control. Next, regulating civil servant's from internal is the necessary requirment of the chief executive to service executive. Building the service-oriented government requires civil servant clear their "public servant" status, take the people as the true "owner."The last part of the article combinding the reason analysis of the problems existing in civil servant's behavior in the article's fist part, put forward the system construction of regulating civil servant's behavior by internal control. Includes the following four ways: First, improve the internal rules. Internal rules is the exercise of executive power under the main legal framework, according to its own organizational structure and characteristics of the situation faced by specific administrative rules enacted in the substantive and procedural rules combined. Including the perfection of rules on the substantive and on the procedural. Second, strengthening the administrative and moral development, and it emphasizes consciousness and self-discipline of civil servant, therefore, specific measures are: First, develop civil servant's self-cultivation capacity by strengthening the conscious, self-control and improving the legal awareness of civil servants; Secondly, train civil servant's responsibility; Again, raise the level of professional ethics of civil servants. Thirdly, build a scientific civil service performance evaluation system and incentive mechanism. Some Western countries have rich experiences and results in the civil service performance appraisal system and building incentive mechanism, and we may wish to build a comprehensive performance evaluation and incentive system in the learning basis, in order to better realize and act on civil service specifications. At last, improve the internal supervision system—First, improve the supervision of the relationship between subject and object of supervision; Second, we must strengthen the supervision and restriction of power; Third, improve the filing system; Fourth, carry out internal accountability.