Analysis Of Civil Servants Recruitment Litigation

Legal maxim told us, justice must not only be done, but must be seen to be done.This is the essence of voicing law: The substantive justice and the combination ofprocedural justice. In fact, any legal society involving citizens’ rights to a system,especially public power to private right allocation of resources of the system, should bethe substantive justice and procedural justice unity. On the one hand, to have a fair rules;On the other hand, want to have the guarantee fairness of the program. When in doubt,fairness has lawful channels you can remedy. Civil servants recruitment in recent yearsin China has been brought into focus.As the implementation of the law of civil, thissystem entity rules increasingly progress but lack the equality of relief systemsystematically discussed. This paper, from a constitutional theory,administrative theoryand combined with law civil servants recruitmen practice, Try to preliminarily studied,three parts are discussed in this paper.The first part analyzes if the civil servant recruitment litigation can be accreted.Firstly, after analyzing the nature of civil service examination authority, demonstratesthe public power to admit by examination officeholder is the allocation of scarceresources.Secondly, through to the administrative action inside administrative behavioranalysis, demonstrates the civil servant recruitment litigation can be accreted. Finally,through comparative analysis between the civil servant recruitment and generalenterprise recruitment,demonstrates the administrative litigation of nature.The second part is the combination of case analysis of the current civil servantrecruitment litigation exist several legal issues. First, Wang Ying case in Jiangsu as anexample, analyzed the defendant qualification of the civil servant recruitment; Second,ZhangYang case in Shanxi province as an example, this paper analyzes theeffectiveness scope of the civil servant recruitment announcement.Third, LiuFei case inChongqing as an example, this paper analyzes the problems as civil servantsqualification deny rights; Fourth, LiuJiahai case in Guangxi as an example, this paperanalyzes right to be informed and how to perform；Fifth，LvKaifeng case in Beijing asan example, this paper analyzes the examinee right and exercise way.The third part put forward the basic thought of civil servant recruitment litigationsystem. first of all, proposing the consummation of the civil service recruitmentregulatory documents system, clearing the rights and obligations of examinee, the responsibility of violating laws. Secondly, put forward the consummation of the civilservice recruitment litigation entity mechanism.Improving measures of the institution ofthe rights, obligations and legal liability of Examinee and departments.Finally, putforward the consummation of the civil service recruitment litigation procedureMechanism,from subject program mechanism, special procedural and proofresponsibility, etc.