Relief System Of Civil Servants Administrative Sanction

With the continuous development of the process of rule of law in China, various lawsand regulations are continuously improved, the law publicity is popularized and the awarenessof civil rights are awakened and more and more people begin to maintain and safeguard theirrights and interests with the law. Especially in the act relationship with the government,citizens may gain the maintenance and support of law by review and lawsuit to realize theirrights and interest claims when their legitimate rights and interests are infringed. However,the public servants, as the specific conductor of the state law and policies, have long beensteeped by the deep-rooted official standards, corrupted by the traditional power worship andinfluenced by the special power relationship theory, which excessively highlights the officialstatus of the public servants while weakens the ordinary citizen status thereof, and expressestheir dependent personality in the apparent system restraint, lack of the sound andindependent self-reliance, thus ignoring the basic rights to be entitled to the natural persons.Especially in the aspect of the remedy for the obedience of the administrative sanctions,compared with the foreign countries, there are many defects whether in remedy means andremedy procedures or the protection organs. This paper, by true cases of administrativesanctions on the public servants, compares and refers to the remedy system for theadministrative sanctions on the public servants in the foreign advanced countries, analyzes thedefects and deficiencies in the current remedy system for the administrative sanctions on thepublic servants in our country and expects to reconstruct the remedy system for theadministrative sanctions on the public servants in combination with the actualities.This paper consists of introduction and text. The introduction consists of three parts, inwhich part one proposes the research orientation of the selection of the topic, part twoelaborates the significance of the selection of the topic and part three introduces the basicframework and research methods of the paper. The text consists of four parts, in which partone elaborates the basic principle for the remedy system for the administrative sanctions onthe public servants, part two discusses the status quo and defects in the remedy system for theadministrative sanctions on the public servants in China, part three compares and refers to theremedy system for the administrative sanctions on the public servants in the foreign advancedcountries and part four constitutes the remedy system for the administrative sanctions on the public servants in China and reconstructs the remedy system for the administrative sanctionson the public servants in China from the construction of legal system, improvement of theadministrative remedy and determination of judicial remedy.