On Civil Right Of Resistance

The development of the civil servant'right of resistance goes through a long history. In ancient china, Confucius and Mencius firstly had the point of view of anti-tyranny, which was the important theoretical origin, while in the West, Rousseau, Locke and Hobbes integrated with the social contract theory, continue to promote the civil servant'right of resistance. In twentieth century, people reflect on the two world wars led to the civil servant'right of resistance is fully on the legal aspects of the embodiment, the civil servant'right of resistance began to play a practical role in protecting human rights.The development of modern civil service system in Germany is on the basis of "special power relations" theory. "Special power relations" theory requires civil servants to obey superior's orders absolutely, while the civil servants'partial right is limited. "Special power relations" theory have had a tremendous impact and significant historical contribution, but with the continuous development and progress of the modern civil service system, some countries also launched a deep reflection on the part of abandon the theory, which also contributed to a more humane civil service's establishment, the legitimate rights of civil servants have gradually been fully guaranteed. On the other hand, it also limited and prevented the expansion of the public power, to promote public authority running smoothly in the framework of legal and rational exercise. The development of modern democratic system have laid the full theoretical basis for the civil service system, in the traditional feudal bureaucratic system, the relationship between the civil servant and superior is strict obedience, superior has absolute control to subordinate, the subordinates do not have personal dependence, independent personality and capacity. With development of democratic institutions in the western capitalist countries, the establishment of the modern civil service system brings a great change to the civil servants'obligations, the most fundamental change is that realized from identity to obey to post obey transformation. Civil servants are to obey the Constitution and laws, and if he violated the law, there is no right to ask others to obey. The purpose of the civil service in public office can only serve the public interest, rather than serve his boss; for the illegal order, he was obliged to resist this illegal order.Establishment and development of civil service system in China had a profound influence to Chinese traditional bureaucracy, promoted the civil service management system innovation and government personnel system development. The imperial examination system began in Sui and Tang dynasty of ancient Chinese society, which has left strong traces to China. Western scholars also have described a lot about the civil service system originated in ancient Chinese imperial examination system. However, under the rule of more than two thousand years of feudal autocracy, China is not free from the shackles of the traditional bureaucratic system, the supreme imperial power and the hierarchical bureaucracy makes a seriously personal attachment phenomenon. There is no independent personality and dignities to officials, the rights of the officials are not protected. Civil service system in the modern sense was born in Britain, the product of democratic politics and social civilization. Rights and obligations of civil servants gradually become clear and definite with the continuous improvement of the civil service system. Under the rule of the feudal autocratic,officials have no rights to speak. The present system of civil rights continues to improve, reflecting the trend of administrative law and the concept of progress in human rights protection.In this paper, it starts from theoretical origin of the civil servant'right of resistance, firstly it reviews the history and current status of the civil servant'right of resistance, discusses the theory value and practical significance of this system, followed by in-depth analysis of the process of the civil servant'right of resistance. Finally, thinking of the defects and shortcomings of the civil servant'right of resistance system, combined the above theory with the actual situation in our country ,put forward specific proposals to promote the development and improvement of the system in China.