China Civil Rights Relief Mechanism

It is still at the start stage to build the right relief mechanism of civil servants in our country. At the same time, it hasn't defined clearly in theory of relation between the civil servants and government. The civil servants have two kind of essential status, one is citizen and the other is laborer. However, it has not acknowledged by legislation and practice. The rights which the civil servants should have obtain the safeguard and the relief difficultly. Accordingly, the present right relief mechanism of civil servants has many problems. The right relief mechanism is not unified, containing the procedure is vacancy and rejects the judicial review. The reason to this lies in the influence of external special authority relations theory and the traditional government system culture. To solve the above problems, we must learn from history, seek for the root of Chinese administrative law from traditional culture, take care of reality, make use of existing native resources, and absorb advanced personnel administration's legal theory and the system of foreign country by the open point of view, only then can plan the official right relief mechanism future prospect correctly. In modern times, our country has carried on legislative and judicature's practice to the right relief of civil servants. Communist Party of China's cadre personnel system and the party member right system of safeguards has provided beneficial model for us. Analyzing right which the civil servants should have and combing the relationship between the civil servants and the government to provide the theory support for the right relief system's construction. Communist Party of China's leading advancement, Establishing relatively independent right relief agency, the existing administrative relief system's conformity and consummation, the hearing and the mediation system's introduction, designing the judicial review system reasonable, reforming arbitration system is the inevitable way of right relief of civil servants in our country.