The Research Of Civil Rights Protection System

Civil rights are an important part of the civil service law and the civil rights protection system in China can not only help to stimulate the vitality of the civil service and enhance the stability of the civil service to improve administrative efficiency, but also help to achieve the standardization of the civil service management system, democratization and legalization. Besides, it is in line with the concept of "people-oriented", which has a positive meaning to promote the development of human rights in China. However, protection of the rights of civil service status of the system is not ideal at present. In real life the administrative organs as the employer is failure to abide or strictly enforce the law and violate civil rights sometimes. What is worse, the existing review system, such as complaints, charges and personnel dispute arbitration system and other administrative remedies have so many defects which based on their system can not properly and effectively solve. In order to protect civil rights effectively, the author attempts to improve the protection of the rights under the premise of the existing civil service system and to explore the possibility of Judicial Remedy System actively, what can provide better protection to the civil rights. This article is divided into five parts:The first part starts with the civil rights and related concepts. First it briefly introduces the three methods which divided civil servants within the scope of the world.The method in narrow sense represented by the United Kingdom, the law of the United States as the representative of justice and the French and Japanese law divided by the generalized method, and then I will make it clear that the scope of the civil service, and focus on the concept of civil rights and its characteristics, and make the conclusion of the civil rights of the world's major States. I will mainly focus on the rights of civil servants and its power relations, combining with the relevant provisions of the Civil Service Law.In the second part, I will briefly introduce the necessary of protecting civil rights from both theoretical and practical significance, Protecting the civil rights does great help to promoting the development of human rights in China, and it is the implementation and expression of the people-oriented concept in the civil service management field .It can also stimulate the civil servants'enthusiasm, maintain the stability and improve the administrative efficiency.Part III I mainly analyze the status of civil rights protection system and reflect on it. Currently, there are many problems in the system of civil rights remedies and procedures: the level of legality is not high, a relatively strong personal nature; relief agencies are not independent enough, the lack of adequate procedures for fair and equitable; And the existing relief systems belong to the administrative remedy, to the exclusion of judicial review. In this paper, I reflect on the "special theory of power relations" to provide a theoretical basis for the introduction of judicial remedy; I argue that civil servants should be given the rights of hearing and questioning the procedures in the administrative remedy, at the same time make the implementation rules and judicial interpretations on the filing, as well as definite the expire time of them. For the Chief Relief agencies are not independent, the author proposes to deal with the decision made by the personnel authority unrelated third party or third-party organizations involved in grievance and personnel dispute arbitration hearing.The fourth part I choose several representative countries to study their mature civil service system, which can give China some inspiration. For example,where there is right there is relief and the foreign countries employ the parallel track system model when protecting civil rights: the parallel administrative relief and judicial relief.Last part some reasonable suggestions and ideas will be presented, hoping it can benefit to improve our system of civil rights protection. On one hand, under the civil rights relief system, improve the review, complaints, charges and other administrative relief system and personnel dispute arbitration system. On the other hand try to explore the measures of protecting civil rights when the civil servants conduct their duties. And proposed to explore the introduction of the legal relief to civil rights protection areas, and set up personnel administrative proceedings, especially emphasize on the scope of judicial review and to establish principles and the final limited principles of justice and judicial review.