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Statutes In Law For Civil Servants Of Administrative Department Taking Part Time Jobs Or Holding More Than One Title In State Organs

Posted on:2011-05-16Degree:MasterType:Thesis
Country:ChinaCandidate:X H HuangFull Text:PDF
GTID:2166360305993710Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
It is not rear that civil servants taking other jobs after their execution of duties or holding more than one title in the state organs of different levels. These phenomena described above are usually widely controversial in the society. Some of them are even inducements or forms that indicating corruption of civil servants, and they are widely condemned.Based on such description, can we conclude that civil servants'taking part time jobs or holding more than one title must be forbidden,and the ban will work immediately as well as thoroughly after it is laid? The essay pores deeply on this matter.In order to narrow scope, being concentrative as well as reducing difficulty, the author makes civil servants of administrative departments out of the nation's large civil servants force and so many categories of civil servants in different systems as study subject.By studying their taking part time jobs or holding more than one title, the author will raise criteria and measures for the statutes on the basis of comprehensive collection of domestic existing standardized documents and drawing experience from abroad so as to offer advice for practice and make suggestions for statutes.The essay describes fundamental issues of civil servants of administrative departments taking part time jobs or holding more than one title in a comprehensive way, including the conception, characteristic, law attribution, reason, different sorts as well as its basis both legal and realistic, etc. It is believed that civil servants taking other jobs after executing their duties or holding more than one title is reasonable and necessary in some situations and one just cannot treat different situations same and denies them all.The essay make initial analysis about part-time jobs or holding more than one title:which ones can be chosen according to civil servants themselves;which ones must be forbidden;and which ones should go through certain processes, etc. Based on the analysis, making documents as its main ground while assisted by practice-situations learned from researches they made in a certain county in the middle of Hunan province, the author analyzed and commented the large number of government standardized documents related to regulate the civil servants taking part time jobs or holding more than one title separately according to different period since the establishment of PRC. Many drawbacks have been pointed out:low level of the related laws, low authority, policy oriented, being weak of the system, roughness of the system, used to rectify the phenomena in a certain time at certain areas as well as depend on administrative means;lack of inner motivation as well as pressure from outside;pay much attention to entity while ignore program and so on.These drawbacks make it different to regulate such phenomena;outcome of rectifying such phenomena cannot last long as well as high recrudescence always occurs.Thus the author believed that statutes in law must be set.Setting only of the attitude to forbid the phenomenon, principles like duty first, balancing of interest, avoiding confliction of interests, supervision and restraint over the use of power is not powerful enough.Regulate entity from examining and approving subject, investigating details;regulate processes from examining and approving process,dissenting process, and rejecting process;introduce arbitration of personnel disputes and supplementary civil action as remedial measure;make opening information of civil servants being pluralistic system, declaring civil servants'family financial situation system, and shifting the government functions as supporting measures and auxiliary systems to realize the comprehensive, reasonable, and effective statutes.
Keywords/Search Tags:administrative department, civil servant, being pluralistic, statutes in law
PDF Full Text Request
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