Civil Service Protection Of The Rights

The rights of civil servant are the most components of official system, and are one element of legal relation. To define the civil servant legal relation is the embodiment of the rule of law, In contrast with consideration of the protection of person who is ruled, we should pay more attention to the protection of civil servant's rights. To protect the rights of civil servant, the redemption system has been set up to protect the civil servant in the countries where the rule of law has been established. We are accustomed to believe that the relationship of civil servant is internal administrative actions, thus the redemption is absent. At the same time the theory about the protection is scarcity, civil servant can not be protected. The civil servant law will issue, it is very meaningful to discuss the protection of civil servant's rights, only do you define the scope of civil servant rights, then the rights can be protected, in the following I will analysis the civil servant legal relation from several aspects, and I will give a new aspect to consider this relation. To review the modern theory, I discuss it in the historical and actual conditions and compare the civil servant systems of different countries and get the conclusions and revelations. Finally I give my suggestion to construct the civil servant system. I will divide my paper in four partsFirstly, the rights and related concepts of civil servant. I will discuss the definition of the civil servant, to compare the definition of civil servant in England, France and Japan , USA, then I give the definition considering the civil servant law that will be issued, I will definite the rights of civil servant and give the classification of the rights.Secondly, the influence of the definition. It is easy to grasp the nature and core of the norms of civil servant to definite its legal relation and is the most important to relief civil servant. There are many kinds of theories to affect the civil servant legal relation. In this part I will mainly discuss labor contract theory and the theory of special jurisdiction relationship, especially the latter.Then I conclude the nature of civil servant.Thirdly, the system to protect the civil servant. I will discuss theredemption system from the historical aspect. Then I introduce the status today in China and review it, thus I build a foundation to perfect the right system.Finally, to perfect the right system. I compare the right system of civil servant in different countries and get the trend of it. I hope to give a constructive suggestion to the right system in China. Then I give a plan of the redemption, that is to perfect and construct consistent judicial system to protect the rights of civil servant, to strengthen the procedure system when they executive the rules such as the hearing and to set up judicial system.