Theory Of Chinese Civil Servant’s Right Of Disobedience

Abstract:In the background of the "rule of law government, administration according to law", civil disobedience as a important program decision, scientific, legal support, is an important factor affecting the social public interests. Because of this right has a natural resistance and impact resistance, and between the country civil servants on the lower level there is a subject itself historical habit, therefore, to open in the promotion of power operation mechanism existing in civil disobedience, realize the need of due procedure and perfect law to protect this right. In reality, politics, civil disobedience is not effectively play, formed the disobedience content of the paper, disobedience hollowing process phenomenon, no good containment and avoid some illegal or obviously wrong orders to harm the public interest. In the performance of specific issues relating to the civil disobedience right law is too general, the exercise of rights of civil disobedience right after the vacancy. These physical problems can be classified as lag procedure.It is because there is lack of legal norms in the civil disobedience, which leads to the exercise of the right premise condition is not clear, the exercise of rights protection procedures are not standardized, not in place after exercise. The relevant laws and regulations in Austria, Germany, Japan and China’s Macao Special Administrative Region in the exercise of the right of guarantee premise, disobedience to civil procedure and exercise are provided more detailed, ensure that the civil disobedience when exercising law. Therefore, our country in the promotion of civil disobedience right, because when exercising the right of disobedience definite stipulations, standards higher obviously wrong and illegal command, exercise the right of disobedience standardized procedures, establish the safeguard mechanism of rights of civil servants. Ensure the civil disobedience in promoting administration according to law, building to play its due role the government under the rule of law, in order to avoid the wrong or illegal orders on the risk society public interest could bring.