Research On Civil Servant 's Resistance

Civil servant’s exercise of the right of resistance to limit the superior illegal command and decision in the mail, to protect public interests is of great significance. However, at present, China’s relevant laws and regulations of civil servant’s right of resistance is very limited, the civil servant’s right of resistance exercise program is almost blank, so the legislation situation makes the civil servant’s right of resistance in the process of exercising the lack of necessary legal basis. In addition, for the relief mechanism of civil servants in our country and other European and American countries in comparison is not perfect, all these problems lead to the exercise of right of civil servants to resist all kinds of obstacles. From the concept of civil servant’s right of resistance, this paper analyzed the existing theories about civil servant’s right of resistance, basic theory of the civil servant’s right of resistance exists and the basic principles of exercising resistance right. Through the administrative system, facing the civil servant’s right of resistance to the institutional constraints and institutional constraints analysis, targeted puts forward some solutions, hope I am contributing to the improvement of the theory of civil servant.