On The Protection Of The Rights Of Civil Servants And Relief

China's official system is becoming mature and perfect gradually. It has manifested many new legal thought and the idea in "Official laws", and it carries on a more profound adjustment on the legal status of officials, the relationship between right and duty, and the right safeguard relief mechanism. The author concentrates on the topic of right protection and relief of officials and divides this paper into four parts to launch the elaboration.As the main body of legal administration, the status of the official is often regarded as the spokesman and administer. Actually, official's status characteristic is not only confined to this. The official is a natural person first, but different from the natural person, and he is the spokesman of government benefit. Our country's official system is different from government official system in the ancient times, and also is different from the civil official system of the western countries. Although China's official status is granted by the government, their authority serves the people, and plays the multiple roles. The official is not government's servant, not the bureaucrat who has the privilege either. This is the first part of the paper: Official's legal status and legal relation are the bases of the right protection and relief system.The second part centers on official's right. The official is a citizen, and he has the basic rights given by the law, but their rights are different from that of the citizen. "Official laws" stipulates that the official takes eight rights. Although the law stipulates the official's right and safeguard relief measure, in the real life, the event of violation to the official right sometimes occur, and these violations have already made harm to officials' benefit, and hurt their enthusiasm and activity. Above these things constitute the second part, and subsequently draw out the proposition of official right relief safeguardThe third part is mainly the introduction and the evaluation of official right safeguard and the relief system of various countries. The various countries' systems differ in thousands ways. This paper selects several representative countries, like US, France and Japan, to carries on the comparative analysis. The relief systems of these three nations include the administrative organ relief and the judicial organ relief. In our country, although the official law has made the detailed stipulation to official's right relief system, the right relief way is implemented only through reexamine, the appeal, and the accusation system, but it cannot be...