On Recourse Against Civil Servants Perfect Relief System

Nowadays, in our country, because of the excellent treatment，the national civilservice attracts a large number of young people. However, the civil service system alsohas many defects, the imperfection of the civil remedy system is one of them, which cannot fully protect the rights of civil servants. From China’s " administrative procedure law "," State Compensation Law " and other laws and regulations, we can see that China’sadministrative compensation system has been formed,but there are no corresponding legalprovisions,which regulate if civil servants can get relief and how they can obtain relief.The relief system of civil servants has embarked on a scientific and legal system,effectively protecting the rights and interests of civil servants. Our country has establisheda preliminary civil remedy system, but there are still many shortcomings and deficiencies.In foreign countries and Taiwan, there is a set of the complete relief of the civil servicesystem，the relief mechanism has the important reference value for china. From a legalpoint of view, this paper analyses the existing defects of the recovery of the civil remedysystem, states the reality basis and theoretical basis of improving the system, and discusseshow to improve the system.Three parts compose this paper:The first part of the article outlines the recovery of the relief system of civilservants.First, we explain the related concept of the system, explain what are civilservants, discuss the recovery of the civil service system. Second, we explain the currentsituation of the civil remedy system in our country, including the existing relief system,the defects of the existing relief system and the reasons of the existing relief systemdefects.The second section discusses the basis of the improvement of the recovery of reliefsystem of civil servants. Improving the relief system of civil servants is the theoretical requirements, namely, the principle of human rights protection, the concept of due process,the right relief theory, administrative law theory; at the same time, and there are legalbases, namely the existing regulations of " constitution ", the existing provisions of“civil law ", the existing provisions of the “State Compensation Law",other laws,regulations on the relief provisions; more importantly, foreign and Taiwan civil remedysystem for improvement provides valuable reference to improving the civil remedysystem.The third part discusses how to improve the recovery of the relief system of civilservants. First,the paper states the principle of improving civil servants remedy system,discusses how to improve the procedure of the system, and finally discusses the ways andmethods of improving the institution.To make the relief institution of the civil servant better, this paper has novelty. Butthe research of this thesis is preliminary, and there are many problems in theory andpractice needing further study.