Study On Some Issues In The Civil Servant Appealing System In China

Appealing system, as an important part of civil servant rights remedy system, has played crucial role of protecting the legal rights of civil servant in resolving disputes in civil servant management, correcting illegal management incidences, resuming damaged rights, and rectifying damaged consequences. In addition, it compels the appellee to review the legitimacy and appropriation of its personnel action, which in turn improves its internal supervision and self-correction, and optimizes the exercise of governmental power.Whereas system construction needs time and effort. In the case of China's civil servant appealing system, defects may seem to be protruding in the ever changing of legal environment and especially the development of human right. With an object of clarifying the misunderstanding areas in the appealing system, this thesis is to study on the safeguarding function of substantive and procedural sides of the appealing system, and other legal measures. In the end, constructive suggestions will be given, which hopefully can make some contribution to the practical improvement of the current appealing system in China.The thesis is composed by four parts. Part one is a brief introduction of the misunderstanding areas of appealing system. The focus of this part is to understanding the legal status of civil servant, and the importance of building up the appealing system. Part two is to present the substantive safeguarding function of appealing right. Foreign experiences are especially introduced in an attempt to give a hint to the immature domestic situation. Tentative thoughts are also made to a well-designed new system, which are mainly concluded from the current practices of the author. Part three is to present the procedural safeguarding of the appealing right. Constructive suggestions are contributed to the improvement of procedural part of appealing system. Part four, arbitration and legal safeguarding of the appealing system, which tries to find more channel as a replenishment of civil servant appealing right protection.