| Civil servants disciplinary system is an important part of the political and legal system of a country, and it concerns the smooth running of the whole country as well as the peace and happiness of nationals:Civil servants work for the country, and they take the responsibility for the normal operation of national public services and facilities, thus the management system for civil servants has a direct effect on the enterprise of national public servants in the work and their determination to serve the people:Civil servants disciplinary system can plays a role in warning and regularizing the behaviors of civil servants effectively, it works to find out who is to blame for dereliction of duty and meanwhile to economically or mentally penalize those civil servants who break the rules:This paper makes a comparative analysis on the civil servants disciplinary system in the system of public servants in China and Japan to find out the differences or similarities between the civil servants disciplinary systems in these two countries and to learn from the strong points of the civil servants disciplinary system in Japan to offset the weakness of that in our country:Based on innovation and drawing on other’s strong points to make up for deficiencies, some measures for improving the civil servants disciplinary system in our country have been proposed from a practical standpoint: Disciplinary liability of civil servants, also called as administrative sanction in our country, refers to a kind of punishment by the administrative organization for those civil servants who run counter to the role obligations or any orders based on role obligations: Legalization of disciplinary liability of civil servants has become a development trend of modern system of public servants, many countries and regions in the world have the comparatively complete laws regarding to the discipline of public functionaries with the corresponding system of disciplinary liability of civil servants:But so far, there is no special legislation for this matter, and moreover, the legal provisions regarding to the discipline of public functionaries scattered in various legal papers are still unshaped, chaotic and not enough reasonable:In the real world, there is a series of problems caused by the incomplete system of disciplinary liability of civil servants, such as weak sense of responsibility, paying no attention to the requirements of the public, extravagance and waste, corruption and degeneration, therefore it is a focus to establish and perfect the system of disciplinary liability of civil servants required by the society and public opinion with each passing day:However, on the other hand, the current provisions on many aspects of civil servants disciplinary such as its causes, forms, procedures and remedy mechanism are not in good order as they are scattered in various legal papers so that these provisions are far from perfect and systematic:Under this current situation, systematization and logicality are lacked when applying the legal basis in the process of looking into the disciplinary liability of civil servants, and on the other hand, it causes that the lawful rights and interests of civil servants which could have been protected are actually ignored or disregarded:As for the theoretical research on the disciplinary liability of civil servants, much effort has been made in the academic circle of administrative law, but this matter is still not taken seriously enough, the relevant research is far from in-depth and systematic:In this paper, the disciplinary liability of civil servants is taken as the object of study, starting with the jurisprudential basis for the establishment of the disciplinary liability of civil servants and on the basis of comparative analysis and learning from the civil servants disciplinary systems in other countries and regions, the author makes an analysis on the legal provisions, the current situation and the existing problems with respect to the disciplinary liability of civil servants in our country from various aspects including its causes, forms, competent authorities, procedures and relief, and moreover, some suggestions for legislation are proposed:By analyzing and demonstrating the rich experience of civil servants disciplinary system in Japan, this paper makes a comparative study on the two systems in China and Japan to explore the way to improve the relevant system in our country, with the hope of finding out something beneficial to the perfection of civil servants disciplinary system in our country:Theoretically and practically, there is an agreement about the scope of civil servants disciplinary system and the understanding on this issue in China and Japan, in other words, it is considered as a kind of punitive measure within the scope of administrative system, and also a kind of administrative legal liability:As for the civil and criminal liabilities caused by this, they fall under the category of civil law and criminal law, but should not be regulated in the administrative law and civil servants law:For the specific appellation of the system of the disciplinary liability of civil servants, it is different in China and Japan:In Japan, there are chapters directly providing the content of disciplinary measures in the Civil Servants Law of the State and local laws on civil servants, and there is also the special Rules for Disciplinary Sanctions of Functionaries, therefore the scholars call it as "civil servants disciplinary system":In the region of Taiwan in our country, Civil Servants Disciplinary Law is particularly formulated, and it is called as the disciplinary liability of civil servants among the scholars:In Chinese mainland, there is the disciplinary system for functionaries of administrative organs very early, but there is no uniform appellation no matter in terms of legal provisions or academic research:The commonly-used term is administrative sanction, there are also some other terms such as disciplinary sanction and policy discipline punishment:For convenience, it is uniformly called as the disciplinary liability of civil servants:According to its development, the disciplinary system for civil servants’illegal and undisciplined behaviors or other misconduct since the founding of new China can generally fall into these three historic stages as follows:the initial stage from1949to1958, the stagnant and breakdown time from1959to1978, and then the stage for redevelopment from1979until now:The system of national civil servants has been carried out in Japan for more than forty years, thus it has accumulated a lot of experience in this aspect:It constantly draw up and perfect various systems of civil servants and the relevant administrative laws and regulations, there is the fundamental law for the system of civil servants in Japan, which is Civil Servants Law of Japan, and in addition of that, there are also a variety of matched laws and regulations, for example, Personnel Allocation Law, Law of Salary for General Functionaries, Appoint and Dismiss of Functionaries, Disciplinary Sanctions of Functionaries, Standard for Job Evaluation, Government Decree on Public Service and Propaganda, Retirement System Act, etc:Because there are detailed laws and regulations in every aspect, we can say that the management system of civil servants in Japan has been institutionalized and law-based, various activities have rules to follow and laws to abide by, and thus it ensures that the national administrative management can be in motion scientifically:The specific content of civil servants disciplinary system contains many aspects including disciplinary organs, disciplinary targets, disciplinary procedures, disciplinary types, degree disciplinary sanctions as well as its remedy mechanism:There is not much research particularly on each aspect, in many cases all these are studied and put together chaotically, for this reason, the references for this are reported together, rather than listed and demonstrated respectively:Based on the research about the foreign literature, policies as well as laws and regulations, the impact of geography, economy and politics on the system of civil servants in Japan is analyzed, and it is found that it also has some similarities and differences when compared with that in China, such a large country:On the basis of this, this paper makes a comparative analysis on the civil servants disciplinary systems in Japan and China from the perspective of many aspects including disciplinary subjects, disciplinary causes, disciplinary ways, disciplinary procedures and remedy mechanism, therefore a lot of deficiencies in the civil servants disciplinary system in our country are found by means of comparison and analysis:In addition, some effective measures to improve the civil servants disciplinary system in our country are proposed from various aspects such as concretizing the administrative disciplinary system of civil servants, completing the administrative disciplinary procedures, diversifying the disciplinary ways, developing the moral accomplishment of civil servants, taking disciplinary action against malfeasance of civil servants and enhancing the remedy mechanism:It has significant reference value for the improvement of management system of civil servants in our country:... |
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