Civil Service Administrative Liability Model Study

Civil servant's responsibility of administrative compensation means civil servant shall endure the responsibility for the illegal administrative action. To establish the perfect system of civil servant's responsibility of administrative compensation, show the concern of humanism and promote the realization of administration by law, the thesis provides the selective and optimum suggestions by comparative analysis on the model of the civil servant's responsibility of illegal administrative compensation: continuing to use the model of complete internal compensative responsibility, that is, administrative compensation recovery, perfecting relative legislation and strengthening the administrative force and supervision.The thesis contains five parts. The first part, which is concerned about the concept analysis, limits and construes some core phases in the thesis, such as civil servant, model of the civil servant's responsibility of administrative compensation. And it also points out that such compensation includes the indirect and direct responsibility of the servant for the damage caused by the illegal administration.The second part is concerned about the practical basis of the model which is also divided into two parts: abroad and domestic practice. The abroad practice is the focus, which not only contains the vertical analysis on model based on the time and concludes that the direct responsibility never disappears in the history, but also contains the crosswise analysis based on the area and shows the different models in the world. In the domestic part discuss on the institution design and enforcement situation aims at clearing the legal system and existing problems in china to prepare for the following.The third part is the key of the thesis which concludes and comparatively analyzes the models: the absolute exemption of the compensative responsibility, complete external compensative responsibility, complete internal responsibility and partial external compensative responsibility of civil servant. Based on the theory and practice, this part discusses the models preliminarily and induces to the argument that the former two models aren't the main trend in the world and need no further analysis; the latter two models are feasible and need to further analyze whether they fit the china considering the concrete situation.The forth part contains the selective analysis to find the suitable model for current China. As for the complete internal model enforced in China now, the part points the defaults and the possibility to perfect. The defaults and rationalities on the partial external compensative compensation are also discussed; the order of rationalities firstly and defaults secondly shows the difficulty to realize it in China. Then the conclusion is that the fourth model is the best but not suitable for China now and the complete internal model has the possibility to carry out and perfect.The last part focuses on the complete internal compensative model, that is, administrative compensation recovery, which contains the important problems in perfecting the model and the concrete suggestions including the precondition, the basic principles, procedure and the enforcement environment.