The Legal Reflections On Perfection Of Rights Remedy System Of Our Civil Servant

Many countries pay attention to the safeguard of civil servant's rights. In other countries, when the rights of certain civil servant are infringed by the government organization which he worked for, he may seek for administrative remedy and judiciary remedy. And administrative remedy is given priority to judiciary remedy. From Civil Servant's Law of the People's Republic of China , Administrative Procedure Law of the People's Republic of China , Appeal regulations of civil servant (for trial implementation), Measures on supervision department to deal with appeal of civil servant defying administrative sanction and so on, we can find out that our country has paid attention to the rights remedy system of civil servant and has enriched the administrative remedy system, but still has not established the judiciary remedy system. The author put forward some perfection advice about rights remedy system of our civil servant by analyzing the situation of the rights remedy of the civil servant in our country and learning the advanced experience at this field in other countries. The detailed measures are: completing the administrative remedy system, establishing the judiciary remedy, and giving priority to the administrative remedy. The author hope that we can safeguard the legitimate rights and interests of civil servant, complete the system of supervision, build a country ruled by law and promote social harmony by the rights remedy system of civil servant in our country.The article consists of four chapters. Chapter 1 summarized the rights remedy of civil servant. By contrasting the different meanings of the civil servant at home and abroad, introduced the scope of civil servant and the rights of civil servant in our country. Analyzed the existing rights remedy system of civil servant in our country namely system of check, appeal and accusation. Chapter 2 discussed the defect of the administrative remedy and the reasons about the lack of the judiciary remedy by enumerating the situation about infringed rights of civil servant. Chapter 3 elaborated on the rights remedy system of civil servant abroad and the enlightenment for our country. Chapter 4 explained the necessity, foundation and specific measures about the rights remedy system of our civil servant. Firstly, it explained the necessity of perfecting the rights remedy system of our civil servant by discussing the necessity of the rights remedy of civil servant and the importance of the judiciary remedy. Secondly, it pointed out the foundation of the administrative remedy and litigious right practice experience of engaged and appointed civil servant. These are the foundation of perfecting the rights remedy system of our civil servant. At last, it put forward some specific measures for perfecting the rights remedy system of our civil servant. For example, strengthen the effective participation of the civil servant, give prominence to the function of supervision department, amend administrative procedure legal system.