Study On Civil Servants Administrative Disciplinary System Of The Republic Of China

Civil Servant disciplinary system is the mechanism which alerts the delinquent civil servant and others by punishing the civil servant whom has breach of his duty. Tracing back to the civil servants administrative disciplinary system of the republic of China, We should not neglect two periods, one is the period of Beiyang Government, the other one is the period of Nanking National Government. As a result, the main research framework of the thesis is constituted by the birth of background, legal source, advantages and deficiencies of Beiyang Government and Nanking National Government. Besides, how to improve the civil servants administrative disciplinary system of China is also included.In the first part, the thesis introduces the historical background and legal source of civil servant disciplinary system in the period of the republic of China. The historical background is the transition which Qing government is overthrown by bourgeois revolution. Meanwhile, the republic of China begins its modernization in legislation. The Legal sources include two aspects, one is the continuation of civil servant disciplinary in late Qing dynasty, and the other is the reference of the Japanese civil servant disciplinary.In the second part, the thesis introduces respectively civil servant disciplinary system in the period of Beiyang Government and Nanking National Government. It particularly analyzes the system design, practice situations and related characters. It should be further noted that the system design of civil servant disciplinary includes legal basises, types, organizations, procedures and relief systems.The third part includes the evaluation of the civil servant disciplinary system of the republic of China and the reference as well as enlightenment to current civil servant disciplinary system in our country. The civil servants administrative disciplinary system of the republic of China is moderate and coherent. To a certain extent, it maintains the rule of the government of the republic of China and begins the modernization of disciplinary system. However, there are also many problems, for example, the disciplinary institution is not unified, the disciplinary power is dependent and disciplinary procedures are tardy. Although there are many questions about civil servant disciplinary system of the republic of China, the advantages of its disciplinary system cannot be ignored either. That is to say, it has some meaning currently to take example by some scientific and reasonable contents in civil servant disciplinary system of the republic of China.The thesis is intended to study the civil servant disciplinary system in the period of Beiyang Government together with Nanking National Government, analyze comparatively problems and deficiencies about present administrative disciplinary system civil servants in our country, and put forward proposals to reform the current civil servant administrative disciplinary system in order to establish an honest and excellent civil service.