Research On The Civil Servant's Right Of Relief System

Premier Hu stressed that push forward reform of personnel system unswervingly; we must actively explore new system by an orderly and secure way. Adhere to the principle of managing cadres and both ability and integrity as the first standard, adhere to democratic, open, competitive, merit-based approach to improve public confidence in the selection and appointment. The civil service system has a intimate relationship with our party. Only a scientific and democratic personnel system can form the atmosphere which is an expertise and resources, promoted or demoted, fair, full of vitality of socialism with Chinese characteristics, the cadre and personnel system. Improve the civil service system should not only focus on the power of the civil service constraints, but also focus on the rights of civil servants of relief, because on the other hand the civil rights remedies, that is, the higher authority in the exercise of power, therefore, promote the reform of the cadre and personnel system, an important aspect of the relief system for the improvement of civil rights. There is quite common in practice which no effective constraint mechanism, the original expansion of executive power is more out of control, ultra virus administrative, arbitrary exercise of discretion by the executive department as a failure to comply with the statutory procedures. The grim reality demands that we increase the intensity of administrative supervision in order to regulate the legitimate administrative power to run. Thus, it is generally focused on how to control the executive power of civil servants. When the competent authority of the administrative actions directly affects the social life of civil servants, or personnel management practices related to the civil service's basic constitutional rights of civil servants. We should consider the right to remedies imposed.Administrative law is a course which in essence studies administrative law. Administrative law is not only need to study the system which has provided the terms of the content, but also to focus on the interests involved in the conflict between the executive and the search for a solution. Then make it administrative law-based. Therefore, the civil service system, although the right to administrative law remedies already provided for, but the new conflict of interest requires us to resolve their adequate attention. At present China's "Civil Service Law" gives way for the relief of complaints, charges, review, and relief agencies for the original executive authorities, the higher administrative authorities, administrative and supervisory organs. Three relief agencies are given by the executive. Douglas once said, "Every person not eligible to become judges of their own affairs." Hence, the right to relief on the face of such an embarrassing situation, the executive's decision or the superiors by their own authority to determine, which is obviously contrary to the fair in mind. Of course, my legal remedies adopted this approach by our country's historical traditions, cultural accumulation, and our particular circumstances decision.In this paper, we start by defining the theoretical basis for civil rights relief, function and the resulting social benefits that the importance of relief. We consider the history of nations, and now the civil servant's right relief system through the integration of localization, absorb its reasonable and appropriate part for China's national conditions for my own use. China's civil rights remedy system has our China's socialist characteristics from the liberation of the historical origins to the founding of new China. Of course, the historical origins can not be cut off, no matter which study social phenomena, our long history and traditions, and profound cultural accumulation will play a subtle role. This paper attempts to create a comprehensive realistic theory, the relief system through the efforts.17 Great pointed out: we want to build the society that democracy and law, justice, sincerity, amity, vitality, stability and order, man and nature live in harmony. Ranked first the democratic and law can be said is the most important. Fully carry forward socialist democracy, the rule of law to effectively implement the strategy, all aspects of positive factors in order to be extensively mobilized. To achieve democracy and the rule of law, we have to face such a lack of independent, general and vague relief system in this article.