On The Perfection Of Civil Servants Do Not Obey The Rights

Rights on the resistance of civil servants, in the academic community has notreached a consensus, Article54of China’s Civil Service Act, civil servants in theexercise of state administrative authority in accordance with the law not to obey or notto execute the decisions and orders of superiors illegalrights. From the status quo, thecurrent civil service law right to resist the civil service made it clear that this is aconsistent legal basis for the practice of social realities and international trends,progressive significance should not be underestimated, at the same time, we shouldalso see the existing legislation on civil service provisions of the right of resistance islarger defects, such as:"clearly illegal" standard does not clear the scope of the"superior" and "decision or order" is not clear, the lack of procedural requirements.China and France provides that in the exercise of the right of resistance is not clearlead to implementation difficulties, weak sense of responsibility of civil servants, the"official position" at a higher level is a strong sense and other issues.