On The Path Of Regulation Of The Civil Servants The Right To Relief

Civil servants, as direct government right executor are regarded as the advantaged group with special rights. When talking about individual rights, society is always showing contemptuous attitude to it, besides the Chinese tradition of duty before right makes the law relating to civil servant rights the weak links of administrative jurisprudence.Famouse American legal expert said:"if the gorvenment doesn't take rights seriously then it can not treat law seriously."As a member of the citizens, civil servant should be treat squarely in their rights. Where there is a right, there is a remedy. Rights can not be regarded as real rights without remedy. When the rights of civil servants are violated illegally by the government and its leaders, receiving redress according to law is the basic demand of idea of morden rule by law and rights. With the enactment of Civil Servant Law of the People's Republic of China, civil servants system in china makes further development in the path to standardization and legalization, affirming these basic methods of civil servant rights remedy, including appeals, accusation, arbitration etc. ,but micro and vague law regulations haven't made a break through in current ossified civil servant right remedy, causing administrative internal remedy hardly having actual effect and judicatory remedy excluded. Rights and duty system are formed by law, and in china civil servant on behalf of the government exercise rights to conduct social management according to law. They Take responsibility and conduct duty according to law but can not receive rights remedy to protect their own rights because there is no law relating to it.The suspending right of civil servant is not only a negligence of their own right but also a indulging of public rights. Thinking of Chinese civil servants remedy system constructed by the current law, I cast a perspective to the regulation of civil servant rights, combined with foreign experience and china's situation, exploring the path chosen for Chinese civil servant remedy and it regulation.There are five chapters in this thesis. The first chapter is mainly about raising questions, presenting briefly the research meaning, method and concept of this paper. The second chapter defines the principal concept relating to civil servant rights, and analyzes theoretic basis of civil servant remedy to ascertain its research background and set the rang of discussion. The third chapter is comparative study of the foreign civil servant remedy system, I chose Britain, America , Japan and France, four of typical countries with mature regime as research objects, analyzing their commonness and differences, to use for reference of choosing Chinese path. The fourth chapter investigates the evolution of path to Chinese civil servant rights remedy and current legislation, and reviewing the regulative obstacles of the path of Chinese civil servant rights and regime running fettered by internal factors. The last chapter provides some adoptable plans for chosen path and remedy methods under Chinese legal circumstance, analyzing their feasibility and necessity, exploring a proper remedy path and regulating the chosen path of civil servant rights remedy, providing access to entity and process to form a practical and feasible path for civil servant rights remedy.