Study On The Legal Issues Of Employment Examination System Of Civil Service In China

The employment examination system for civil service (EESCS) plays a decisive role in the management of civil servants. Its maturity directly relates to the scientific construction of civil servant team, directly relates to the full advancement of rule of law in the field of administration, and directly relates to whether the lawful interests of citizens can be effectively guaranteed. Following the promulgation of the Civil Servant Law and the Provisional Regulations on the Civil Servant Employment (for pilot use), and the establishment of State Administration of Civil Service, the EESCS of China has developed and improved constantly. However, what we should fully take into account is, due to several subjective and objective reasons such as the inactive sense of individuals and the limited period of time, a lot of insufficiencies still exist in the fields of legislature, law enforcement, legal remedies, etc. of China’s EESCS. Therefore, based on the aforementioned, the primary purpose of this study is to, by discussion and analysis of the relevant setbacks in the current EESCS of China and then raising countermeasures, promote the maturity of it so as to level up the scientific construction of China’s civil servant team and efficiently protect citizens’lawful interests.The thesis is divided into six parts, of which Part Four to Six are the main ones. Part One discusses the recruiting examination system for officials in ancient China and, attaching importance to Tang Dynasty, introduces the establishment, inheritance and development of the imperial examination system. Part Two explains the basic theories of China’s current EESCS, and mainly introduces the definitions of EESCS and its system, the principles of EESCS, the application conditions for the examination, and the employment procedures. Part Three discusses the EESCS of major foreign countries, and mainly introduces their development of EESCS and other relevant issues, by which we can compare with our country’s situation and thus better promote her system’s optimization. Part Four discusses the insufficiencies existing in China’s current EESCS from such three angles as legislature, law enforcement and legal remedy. The issues discussed are all controversial imperatives to be solved. Part Five analyzes in depth the reasons of the problems from the social, historical and institutional perspectives. The social and historical reasons tend to be the idea of "Official Standard" and the dense acquaint-oriented society. The institutional reasons tend to be the employment examination system and the abundant professional salaries and benefits for civil servants. Part Six focuses on the countermeasures for improving China’s EESCS in the fields of legislature, operational mechanism and legal remedy, with the hope to promote the full realization of rule of law in China’s administration.