The Analysis On The Improvement Of The Civil Servant Right Of Resistance System

In the administrative practice, the execution of a superior civil servants decision or order is not only their statutory duties, but also a necessary requirement to implementation and insurance of administrative efficiency. The key point is that, the decision or order is not always right. the phenomenon that, superior's illegal orders or lower-level implementation of these illegal orders, is not individual, which is a major problem of the legislative and judicial practice must confront. The "Civil Servant Law" (hereinafter referred to as "Civil Law"), approved on April 27,2005 and came into force on January 1,2006, is a profound reform in China's civil service laws and regulations history. Civil Law's one important highlight is that the system provides for the right of resistance to the superiors "wrong" decision or order. The right also makes sure the rejection of superiors' "clearly illegal" decision or order. We should also be aware that although "the Civil Service Act" makes provision, but the right to resist in China's civil service system is still in relatively early stage, there are a number of issues were not solved. this paper based on its concept and content analysis references resistance of foreign civil rights legislation and judicial practice, and compares with the relevant provisions of China's "Civil Law", focusing on the rights of property, the definition of unlawful decision or order, and how to exercise the right of civil resistance, providing specific analysis of the legal basis of civil right of resistance, appliance of the principle and relations with relevant institutions, to benefit on better thinking of perfecting the civil right of resistance system.