On The Judicial Remedy For Civil Service Personnel Dispute

Speaking from the broad sense, civil servant personnel disputes mean disputes resulting from civil servants' dissatisfaction with government agency just because of such internal act related to its personal interests that occurs during the process of government office to employ, examine, appoint or dismiss, reward or punish its relevant personnel. Civil servant personnel disputes have internal cause, non- getting reciprocal, invisibility, pluralism, limited relief etc as its characteristic. Looking over between the international official and state agency's relations, we can find that it has the absolute control relations, the temporary contract relations, the lifelong employment relations. The relationship between our civil servant and state agency has experienced the evolution from the relations in the unitary system under which civil servant only to obey to the compound relations in the multilateral coexisting system for many civil servants in our country. As far as how to protect civil servants' rights especially under hiring system, are concerned, it is a natural conflict between civil servant law and administrative procedural law that civil servant own rights but they can't sue for protection. No matter what they are in the common law system or Anglo - American law system, scholars generally hold the same opinion that civil servant should get the judicial remedy for personnel disputes. Although in judicial practice the standard to accept a case and the way of operation is specifically different, doubtless it already became or is becoming a consistent development direction of the civilized legal states under the human rights flag. It is internationally believed that litigious right, as a basic right for everyone including civil servant, is an inalienable part of human rights. Special authority relations theory, as the basis of unactionable theory on civil servant personnel disputes, is falling to pieces. Judicial remedy for civil servant personnel dispute is the general practice in some democratic states under the rule of law. At present, scholars in our country have been more or less in agreement upon internal administrative act belonging to act of administration and just the same as the public power to punish citizen for something. Present channels to settle or resolve civil servant personnel disputes can not provide proper administrative remedy. Although civil servant has a right to say no, lack of corresponding judicial support leaves it meaningless. That 'civil...