A Study On Equity In Civil Servants' Employment

As the operators of the government, public servants play a very important role inthe operation of the government, society and the whole Country; therefore, theadmission of public servants should be operated under the constitution and law.However, there are a serious of problems about equity in the procedure of thecommission of public servant in China, the most obvious questions of them aresomething’s about equality.The thesis starts with definition of the concept of equity. Equity is not only animportant goal of human society but also the pursuit of human civilization. The morefamiliar the word is, the more difficult it is to define it. Equity has two meanings inOxford Dictionary of Laws, one is related to value, the other is related to laws andregulations. Then the thesis tries to illustrate the relationship between the value ofequity and equality in China. The thesis tries to point out that there are somethingsample as well as differences within them; and both equity and equality are the valuethat constitution longs for, and equality is the basis and premise of equity. After that,the thesis combs the history of equality. As for its definition, unconscious concepts ofequity such as “equal labor””equal return”” an eye for an eye” in primitive society,fuzzy concept meaning “sit as equals at the same table””no difference”in Platos’Utopia, more comprehensive and detailed definition in Aristotles’ Ethics Nepal aMark, and more radical expression by Stoicism could be found. They points out thatthe idea of equality has developed for a long time and point out that equality in Chinais a principle of constitution and basic human right set by constitution.Then this thesis tries to analysis the discrimination in China in the procedure ofadmissions of public servants now through the principle and right set by theconstitution. First, we can get to know the data ratios of nation, gender, disability,social identity, political affiliation, age, health, physical characteristics by taking alook at the Report on job discrimination in recruitment of national civil servant in2011. The discrimination in China’s admissions of public servants refer to discrimination of health, discrimination of education background and discriminationof working experience. In health discrimination, it is analyzed that most of therestrictions on health such as HIV/AIDS and blood pressure has nothing to do withthe business requirements of national office working personnel and are in violation ofthe constitutional principle of equity and also the equal rights of citizens. In degreediscrimination, the recruitment of public servants in ZheJiang province were taken asan example to analyze the fact that they use the “merited” applying scope andobjective’s educational background as an excuse to exercise differential treatment anddiscrimination indeed. The requirements of practical working experience in entranceexaminations actually impose restrictions on the examinees and their backgrounds,are against the constitutional principle of equity and are discrimination againstcitizens’ equal rights. So we can say the most important problem of equity in Chinaconcerns equality in the procedure of commission of public servants. After that, thethesis tries to find out the reason for this problem; after research, we will find thatthere are two main reasons account for this question. The first reason for the inequityin the procedure of commission of public servants is some misunderstanding of thetheory of rational basis, and the second important reason for he inequity in theprocedure of commission of public servants is something concern behalf in theprocedure of commission of public servants.At last, this thesis points out two reasonable ways to solve the problem in theprocedure of commission of public servants with the foundation of finding outproblems and reasons. The first way to solve this problem is to improve theunderstanding of the theory of reasonable basis, and the second way to solve theproblem is putting the activity of the admissions of public servants under thesupervising of law, only in this way can the equity problems in the procedure ofcommission of public servants can be solved.