On The Right Of Resistance Of The State Organs Of Civil Servants

Public Servants'right to object, which is vested in the public servants by the Public Servants'Law, is a right to disobey higher administrators'decisions or orders that are illegal. In essence, pubilc servants'right to object, is deals with the puzzlement that whether every administrative order should be respected and enforced hesitantlessly by the public servants; if no, in which occasion the pubilc servants'right to object could be operated. In other words, the most important point is that the right to object is absolutely or limited. As a effectively approach to superview the process of the administrative right, Public servants'right to object is a defensive force which affords restriction from the interior. The author of this thesis does not stay on the basic level of understanding of object right of public servants, but goes further from the static perspective to the operational perspective from which the right to object is reviewed in a consecutive course. It also keeps administrative unit in a state in which the ordinary model of"order, then obey"is broken and a procedurally restraining mechanism is supplied. The balance is attained in the counteraction between the rights of the public servants and the power of administrative superior.This thesis goes into three parts:Part one deals with the genral points of public servants's right to object, including its essential connotations, theoretical fountain of law and its theoretical and practical significances.Part two analyzes the pulic servants'right to object from the static perspective to the operational perspective from which the right to object is reviewed in a consecutive course, including the essentials of operating the object right, the limitation of the right to object and the responsibilities that should be undertaken after operating the object right.Part three goes to practical enactment of public servants'right to object in China with a survey of examples in our legislation. Meanwhile, some problems existing in practice are analyzed. The author concludes this thesis with an effort to improve the system of object right of public servants with the aim to facilitate the practice of object right of public servants.