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On The Study Of The Disputes Of Inspection In The Recruitment Of Civil Service Examination

Posted on:2014-08-12Degree:MasterType:Thesis
Country:ChinaCandidate:L XuFull Text:PDF
GTID:2296330425479408Subject:The constitution and administrative law
Abstract/Summary:PDF Full Text Request
Along with the heat of civil service examination, more and more disputes andcontroversies relating to the recruiting of the civil servant emerge in this performance. Thisarticle selects three employment inspection controversial cases in civil service hiring process,from which extract three focal issues: whether the action of recruiting a civil servant could besued? Whether some principles in the employment inspection proceeding should be followed?How to decide the defendant of employment inspection controversial cases in civil servicehiring process? In response to these issues, the article has put forward its views and somesolutions by using the theory of administrative law related.Besides the introduction and the conclusion, this article is divided into three parts:Part one is the introduction of three employment inspection controversial cases. Thearticle selects three controversial cases of the employment inspection during the examinationof the civil service in recent years, which lead to three issues discussed below. These threecases respectively are: the administrative litigation case that someone was refused admissionas a civil servant because of his disqualification in the proceedings of the inspection wasdismissed, and the cases that both candidates were refused as a civil servant in theemployment inspection, one because of his using another person’s name and student status inthe junior high school entrance exam, the other being premarital pregnancy. These three casesare closely linked to each other, which provide useful materials to solve the employmentinspection controversial cases.The second part is to clear-out the focus of the controversies. According to the cases andproperly to resolve the controversies in the employment inspection controversial cases, thissection identifies three focal issues in dispute. The first issue is whether the action ofrecruiting a civil servant could be sued. The second one is whether some principles in theemployment inspection proceedings of discretionary administrative acts should be followed?Third, How to decide the defendant of employment inspection controversial cases in civilservice hiring process?The third part is the most important and also the longest portion of this article.Combined with the three selected cases, this section raises some solutions to suchemployment inspection controversial cases through the discussion of some relevant theory. Under the influence of the special power relation theory, the non-litigious concept of internaladministrative behavior has deeply rooted in China, resulting in most the employmentinspection controversial cases arising in the civil service hiring process being excluded fromthe scope of administrative litigation. This section focuses on the origin of the special powerrelation theory and its development in different countries and regions. Combined with thelegal provisions in force in China, it definites that the employment inspection controversialcases in the process of recruiting the civil servant could be sued, and that bringing such casesin the process of recruiting into the scope of accepting cases of administrative litigation is thetrend. Considering the extensive use of power of political censorship and the reality thatChina’s judicial power of weak regulation of the discretion, it requires that political censorshipauthorities should adhere to the basic principles of administration and reasonableadministration according to the law, in accordance with objective criteria and procedures toprevent abuse of power, and to equally protect the legitimate rights and interests of the otherparty of the Political censorship during the course of the candidates. For the third question,this article holds that the organization department of the party committee can not be thedefendant in such inspection controversial cases of civil servant enrollment. The organizationdepartment of the party committee does not perform the administrative power in the processof civil servant enrollment, and that activities of the Party’s authority is not affected by theadjustment of the administrative law. Moreover, the Party being defendant will not only getgood social effect, but also brings some considerable social risks in the current system andsituation in our country. How to determine the proper defendant? According to the article, itshould be based on the organization that which one has made the final investigationconclusion, and that such organization is usually the enrollment organization. The enrollmentorganization enjoys the right of inspection and employment decision in the process of civilservant enrollment. The enrollment organization should do record or approval to theappropriate competent department of civil servants after putting forward its plans of thepersonnel list, but such record and approval belongs to the internal administrative proceduresand does not directly apply to the other party, so the final decision, hiring somebody or not, isstill made by the enrollment organization, therefore, the proper defendant of such inspectioncontroversial cases in civil servant enrollment should be the enrollment organization.Exception exists. When the government personnel department, as the administrativedepartment of civil servants, does some specific administrative action to the examinee, affecting his rights and obligations, the government personnel department itself should besued as the defendant.
Keywords/Search Tags:the civil servant enrollment, Justiciability, Standards of inspectionbehaviour, the inspection controversial cases, the proper defendant
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