Research On Right Relief System For Civil Servants In China

The modern concept of "civil service system" originates from the British "About civil government Kingdom recruitment order in Council", published in1855. It spread worldwide and developed rapidly through the19th century. China also offers plenty of experience for the civil service system development, such as the imperial examination system, but we must be clear that our country’s social system is different from the western capitalist countries, the civil service system of western countries is not consistent with our country’s basic national conditions and the political system. Due to the different national nature, the implement of the civil service system in China is relatively late. Instead of copying the western pattern, China’s civil service system is sep up on the basis of characteristic of the Chinese socialist system. Our current business right system is the original of the cadre and personnel system evolution, and develops with the development of China’s rule of law system. The establishment has obtained the considerable development in the civil service system of our country, but some defects and shortcomings expose under a well-developing social condition. Civil servants is the executor of public power, but in terms of rights maintenance and relief, their "civil servants" identity is in a passive position compare to the administrative organs and leading personnel. In other words, they can’t receive absolute fair treatment when their rights are being violated by the internal administrative system. Being as an important part in the civil service system, the perfection of the civil servant’s rights relief system is needed. The purpose of this paper is to study the present situation of the current civil relief system, compared with the developed countries abroad, the existing problems and puts forward relevant countermeasures and Suggestions. Preface mainly introduces the selected topic purpose, significance, research methods and research situation at home and abroad, etc.This article is divided into four main parts. The first part analyzed the basic problem of the relief system of The rights of Civil Servants and clarified the definition of "civil servant" and its rights. The types of the civil servants’ rights and the definition of the relief system are stated. Then introduce the current domestic and international civil rights relief system, including the review, complaint, accusation system and personnel dispute arbitration system. Compared the systems in different countries, seek for the contributed parts.Base on the analyses of the first two parts, the third part’s discuss the problems of the civil servants’ relief system of the rights in China, such as the imperfection of legal means, and the detects of the relief system. In the end, some advice to the problems mentioned before are given, including strengthening the rights protection mechanism of civil servants, perfecting the system of appeal and accusation, setting up an independent and authoritative new administrative supervision system and incorporating the personnel arbitration system.