On The Resistance Of Civil Servants In China

This paper focuses on the resistance right of civil servants from the point of view of the protection of lower-rank civil servants, is mainly based on the lower-rank civil servants are often the first direct victims. Chapter I starts with two typical cases, leads to resistance right of civil servants. Chapter II analyzes the content of the resistance right from law and jurisprudence, which covers the historical origins of the resistance right, political theory and jurisprudence. Out of the scope of the ordinance, Chapter III defines and clarifies the resistance right. The Chapter IV analyzes the defect of Article54of "Civil servants Law" on exercise of the resistance right, and combined with the author’s own work practice, introduced some other systems and regulations which make up the defect, and pioneering the introduction of an important part of China’s civil servants violations accountability-the discipline inspection and supervision organs’Investigation for the balance of the responsibilities of the parties. The Chapter V presents some measures improved resistance right of the civil servants. Paper emphasized the importance of rule of law and the reform of the civil servants management system for improving the resistance right of civil servants, but also believes that, in the short term, it is difficult to solve the problem fundamentally, and it is necessary to Take stopgap measures to solve the present problems, and to win time for the fundamentally improve.The paper maintains that, we can never forget the importance of making and enforcing the "good" and "bona fide" orders or instructions, even though we are gradually on the long way to rule of law. The improvement of civil servant resistance right plays a great role, not only in protecting the lower level servant, but also in bettering our public interest and facilitating the rule of law.