On China’s Civil Service Appointment System

The appointment system is going from the text to the practice in our country. Thebuilding of the appointment system has only just begun. Under such a background and time,the author analyses the legal text of civil servants in the second part of the article, and combsits stages of development, including three stages: the early attempt, the transformation of themiddle, the standardization of the later.The government Just acted as a maker of the pilotdocuments and regulator in the early attempt. This just touched on some of its possibilities.The transformation of the middle Is a watershed of our country’s civil service appointmentsystem. The legal system of Civil service appointment change from the system of governmentemployees,and experiments pulled open heavy curtain in this stage.2010years later, Theappointment system, as a flexible civil service recruitment of auxiliary way which based onthe previous pilot experience accumulation, has entered the phase of standardization, followsthe principle of administration according to law, and should be promoted and applied Withinthe scope of the legal authorization and certain range of freedomBecause the appointment system is a new transaction, the understanding of appointmentsystem is not very accurate for the practice department and theoretical circle. Before talkingabout how to use and promotion the system, the third part of article discusses the system’score: the legal attribute of appointment contract, and gives a precise definition. On the onehand, it is a combination of the civil contract and the administrative contract. But it justborrowed form requirement: equally and freely sign the contract, from the civilcontract.Form is borrowed from the private law, so it is still an administrative contract. Onthe other hand, the content of appointment contract is not confined to a paper document. Itcontains a multifaceted content, should be done as a generalized understanding. The first partis statutory conditions and procedures about Civil servants. The second part is a special jobconditions, including the post conditions in the recruitment announcement. The third part isthe contract signed by both parties. If one person signed an appointment contract, he willbecome a civil servant. If the contract is terminated, he will not be the civil servant. So,Signing a contract or terminating the contract, will directly affect the civil servants to enter orexit the civil service system. The fourth part of article provides some reference opinions for our country employmentsystem standardization. For instance: first premise, position classification, a check-upsystem.The first should be adhering to the principle of administration according to law. Civilservant appointment contract is still the administrative contract, so appointment system ofpromotion and application should still follow the principle of administration according tolaw：principle of law priority and legal reservation principle. Due to the appointment contractsare not in the field of he traditional administrative areas, but is a new affairs in the non-poweradministrative areas. Because it has a soft side, In order to include and standardize theemployment contract, the administrative concept needs to be changed slightly. Secondly,scientific combination of position classification and grade classification, can provide securityfor China’s civil service appointment system‘s promotion. The third, whether the system canplay a flexible mechanism of "can into the can out", the key lies in the implementation of theevaluation system. The author suggests that: evaluation criteria can be quantified explicitly,methods and procedures should be brought into the public, and appraisal main body’s powerand responsibility should be explicit.After combing venation of civil service appointment system, The author answered thetwo questions："what is it" and "how to use". However civil service appointment system hasstill a long way to go. On the one hand, we need to research deeply in the aspect of theory. Onthe other hand, this depends on practice department’s bold attempt and innovation. The authorbelieves that the implementation of the civil service appointment system in the future, willlead to different vision on our country’s construction of civil servants.