Relief System For The Civil Rights Research

The rights of civil servant are the legal rights that enjoyed by civil servant which is one kind of special subject. All the countries with sophisticated legal system lay much emphasis on the position and function of remedy of rights in the safeguard system of the rights of civil servant. Various perfect system of the remedy of civil servant rights were established in these countries on the basis that the civil servants fulfill their obligations according to law. Comparatively speaking, the remedy system of civil servant rights in China is still very backward and not perfect. It is a prevalent situation that civil servants have no effective approach of relief after their rights were infringed. At the same time the study of the important issue of the remedy of civil servant rights as an independent system in theory field is still at the beginning stage. The research achievements on this issue are not only very few but also not in system and can't guide the establishment and perfection of the remedy system of civil servant rights. So, on the basis of the research of many countries' specific system and the theory accomplishments of other people this article show the overall trend of the development of the remedy system of civil servant rights in the world and put forward advisable suggestion in the light of the problems exist in the system of our country. This article includes three parts as below:The first part makes an inquiry into the concept, classification, function of the remedy of civil servant rights. At first the author analyzed the concept of the remedy of civil servant rights according to the meaning of the word "remedy". It is the rectification to the infringement and the compensation to the infringed rights of civil servants when their rights that enjoyed according to their special status were infringed. Afterward the author analyzed the differences and connections between remedy of civil servant rights and safeguard, administrative remedy, civil servant assistance and salvage. Second the author made different classifications of the remedy of civil servant rights according to different criteria. At last the author analyzed the right safeguard function; supervisionfunction and discipline function of civil servant right remedy system and demonstrated that if the functions of remedy system were brought into play effectively many good results will be brought about.The second part makes an inquiry into the enlightening guidance of the remedy system of civil servant rights in many western counties. Now a day, the remedy system in many countries can be divided into two kinds according to the criteria of specific approach: one is the system that remedy solely carried out by administrative organ such as the complaint system of civil servant practiced in our country; the other is the system in which remedy carried out by administrative organ and remedy of judicial body exist at the same time such as the system implemented in USA, Britain, France, German, Japan and Taiwan. Because of the different understandings of the theory about the civil servant rights remedy the countries whose system belong to the second kind developed different modes of system with different characteristics. In this article the system mode of USA, France and Japan were analyzed in details. At last the author summarized the basic trend of the development of the remedy system of civil servant rights.The third part makes an inquiry into the remedy system of civil servant rights in our country. At first the author briefly reviewed the development history of the remedy system of civil servant rights, and then introduced the four main systems of civil servant rights remedy of our country on the basis of current laws and regulations, they are revision system, appeal system, accusation system and personnel arbitration system. Second, according to the developing trend of system of civil servant rights remedy in the world and the practice of the system of civil servant rights remedy in our country, the author analyzed the problems in six aspect...