Research On Rights Remedy System Of Civil Servants In Our Country

In recent years, our country has built rights remedy system for civil servants, including the complaints system, accusation system, personnel dispute arbitration system which is only applied to civil servants who get appointment. All these indicate that the rights remedy of civil servants is becoming more and more matured. But, compared to advanced countries or areas, it also has not a small gap.This article begins from clarifying the basic definition about civil servants, clearing the concept of the rights remedy, analysis of the scope of the civil servants’rights, the general principles and values of the rights remedy. From the theory of special power relationship, exploring the theoretical basis of the remedy of civil servants. The theory emphasized the right of civil servants is more important than obligation and civil servants must obey the government agencies. This article approbates the revise about the theory of special power relationship to the theory of special legal relationship. The theory of special legal relationship believes that the civil servants also has public officials’rights besides they should take the obey obligation to government institution.As a comparative analysis, this article analyzed the current situation and reasons of the rights remedy system of civil servants in our country. Administrative remedy system is main part of the current rights remedy system in our country. The Civil Servants Law of the People’s Republic of China, which is formulated in2005, made a further detailed provision about the review, appeals, complaints of civil servants. As well as formulated the arbitration system personnel dispute. But there are many problems in actual operation, for example, the lack of systematic legislation, remedy procedures are not standardized, the lack of effective supervision and enforcement about relief result. These issues are related to the traditional official standard culture in our country and the management system of national cadres under the system of planned economy.In order to fully understand the current situation of the rights remedy of civil servants in our country, we also need to conduct a study of the rights remedy system in advanced countries or areas. The article selected America, England, France, Japan and Taiwan as a research blueprint. Most of these countries or areas have established the comprehensive rights remedy system of civil servants. They have not only administrative remedy system but also judicial remedy. At the same time, they focus on strengthening the independence and authority of the remedy agencies and they established the appropriate remedy agencies according to their actual situation.According to the analysis about problems and reasons of the rights remedy system of civil servants in our country. The improving route author suggests is three aspects:the transformation of administrative supervision agencies, the improvement of personnel arbitration and the creation of judicial remedy. Strengthening legislation, clearing law relationship of civil servants and improving the administrative eco environment and then enhancing the independence of administrative and supervisory organs whose obligation is accepting complaint or accusation from civil servants. For personnel arbitration system, we need to strengthen the construction of the arbitral authority and expand the accepting range of arbitration. For judicial relief, The author believes that reasonable practice is to establish specialized administrative tribunal which is for the application of judicial remedy. However, the judicial remedy is not blindly interfering administrative internal affairs. We should clear the timing of judicial intervention, the scope of judicial review and control the review strength via the rationality of remedy cases.