Discussion On The Rights Of The Civil Service And Its Protection

The rights of civil servant are the most components of official system, and are one element of legal relation. Administration according to law which is regarded as the key link of the general plan of managing a state affairs in accordance with the law in our country, not only is one deep administrative renovation which is breaking away from outdated traditional modes of thought, but also is great innovation of administrative system, indeed, it is supervision of power and maintenance of the right. The civil servant is a final carrier of the executive power, the effective protection of their right is the "catalyst" to the perfect change of the whole administrative system, it is an important step in the process that our country administers the state according to law. If government can't provide a set of just, effective and complete remedy ways for civil servant, their fundamental right will be unable to ensure. Now, the right relieve of civil servant is becoming more and more important in various countries. China's civil servant system is becoming mature and perfect gradually, it has manifested many new legal and idea in "civil servant laws" . The author concentrates on the topic of civil servant right and right guarantee and divides this paper into four parts to launch the elaboration.The first part summarize the right and right guarantee of civil servant. Main introduce the concept of right and right guarantee, and go a step further to expound the function and meaning of the right and right guarantee. Make clear the purpose of the right is to make civil servant can take effect to exercise authority, and carry out national task, finally realize the administrative function. The civil servant right guarantee means prevent the right from injuring and guarantee the right realize, as to take the system design. Guarantee the right is important to civil construction of rule by law.The second 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. Through compare, summarize the development of present civil servant right and right guarantee, to serve for perfect the system of civil servant right and right guarantee .The third part is analyze the present situation of civil servant right and right guarantee. Introduce civil servant laws concrete provide about civil servant right and right guarantee, major analyze the problem of civil servant right and right guarantee, and go a step inquire into the reason of affect civil servant right and right guarantee development. The right and right guarantee exist problem in present our country, civil servant right of status guarantee, social security "nationalization", the right guarantee scope is limited, the right guarantee procedure is confusion etc. the main reason of aforementioned problem include thinking, law and the science of law, politics system and economic system.The fourth part is the basic conception of improved and perfected right and right guarantee system. First is perfected the law system relate to the civil servant right guarantee. Make the "civil servant laws" as kernel, link up the laws and regulations conveyance, realizing the right of civil servant manage rule by law. Second is perfected the system of administration relief about civil servant rights. remain the relief institution neutral and authentic, perfected appeal and charge procedure of civil servant, make internal administrate action as the range of administrate reconsider, amplify arbitration system of personnel controversy, make clear the compensation for damages about civil servant right guarantee. Third is form the judicial relief system about civil servant right! Judicial examine should adhere to final an judicial relieve a principle and exhaust an administration relieve a principle, make the administration relieve and judicatory relieve link up, constitute a integrated system about civil servant right guarantee.