Due Process Cases Of Interpretation

"Civil Service Examination" is a hot topic that catches the public's attention in recent years, and it is still hot now. "a hot application of the civil service examination" denotes that the increasing attraction of the Government administration. The large number of applicants will ensure the quality improvement of civil servants. And transparency of the Civil Service Examination is being enhanced now. Nevertheless, illegal activities happened frequently in civil service examination in recent years, which reveals some general and conspicuous problems in the system of China's Civil Service entrance examination. This paper takes a typical case, a 2006 graduate sued Hunan Weather Bureau for illegal recruit in Civil Service entrance examination as an example and investigates the flaws in the current system of civil servants entrance examinations. The author focus not only on improving concrete provisions, but also on ways to improve the current system.This paper consists of four parts:The first part introduces the basic facts and background of the case that Hunan Weather Bureau illegally recruited civil servants in 2006. The basic situation of the case, litigation process and the verdict are meticulously presented in this part.The second part mainly centers on the disputes and differences in the case. The prosecutor and the defendant have three major disputes on this case, i.e. whether the civil service examination applies to the Administrative Litigation Law, whether this case is illegal and whether there is discrimination in the process of recruitment. In addition, it states the three disputes and differences in views of the two sides.The third part studies "university graduates sued Hunan Weather Bureau for illegal Civil Service Examination procedures" from the perspective of the Administrative Law. This part mainly theoretically demonstrates the illegal nature of the case, outlines Civil service examination system, and analyzes the conduct nature of Hunan Weather Bureau in Civil service examination, procedure and the discrimination in recruitment. Through analyzing the scope of administrative litigation, it is concluded that this case applies to administrative law and actionable. Civil service examination is in the process of the general theory of due process and the citizens have procedural and substantive rights in the course of the examination. Based on the above, the violation of the specific legal rights and interests of citizens are also analyzed, and the procedure of the case is proved to be illegal. Finally, a corresponding analysis is made about the discrimination proposed by the plaintiffs. This paper also discusses a little about the importance of the issue though it is not involved in the contents of the first instance court decision.The fourth part presents the idea of legal relief of civic entities' right in Civil service examinations. This part practically considers the substantive rights in Civil service examination against the law and provedes some constructive suggestions.Through the case that the plaintiff won, the paper intend to cater to the appeal the current academic circles should attach importance to the administrative procedures .The case that has been revealed by the due process concerns, and the larger scope of the protection of civil rights, this spirit and role far greater than the significance of cases. And it's in full swing throughout the civil service entrance examination, but also of great practical significance. For such a large contingent sit, how can we guarantee the work fair, just and legitimate that is particularly important. Hope that the thinking triggered by this case will not end along with the finish of the proceedings.