Study On Civil Servants’ Boycott Right System In China

As a government department staff, civil servants’duty is to obey the law and executive orders. And the purpose is to guarantee the administrative efficiency and effective service for the society. However, the decision-making layer may not be entirely correct in practice, which may initiate the conflict between decision and the law. A solution needs to be find. In January1,2006, the implementation of the "Civil Servant Law of People’s Republic of China" is a profound change in China’s civil servants act history, in which one flash point is the biggest provisions of civil servants’boycott the right:when the superiors make mistakes or obvious illegal orders or decisions, subordinate civil servant have the right to refuse to perform. Although it is mentioned in the civil servants act, but it is still at the primary stage. The law only has principle provision, while there is no detailed provisions involving the specific operating method and deep-seated problems. In addition, there are a series of problems have not been solved very well.Resist the right is endowed with a new power of civil servants in China "Civil Servant Law", so the majority of civil servants how to correctly understand the right of boycott and exercise the right to resist power is very important. Civil servants exercising right of boycott can not only avoid the abuse of state power, the effective supervision, can also be in accordance with the laws and regulations and orders the superior department. This not only let the administrative relative person’s legitimate rights and interests by the maintenance, the civil servant individual legitimate rights was also very good maintenance. Based on this, the civil service system in the public servant law against right formally set up is a sign of the progress of the political civilization of our country, has extremely important practical significance to realize the goal of administration according to law by the.So it is necessary to conduct study and discussion, to adapt to the changeful social development. The main contents of this paper are as follows:Firstly, this paper describes the background and significance of the selected topic, foreign and domestic research status of the research on civil servants’ boycott right, and puts forward research ideas and methods. Secondly, the meaning, related concepts and historical evolution of civil servants’boycott right are narrated, and also the necessity and history of China’s civil servants’ boycott right are described. Thirdly, problems and reasons of China’s civil servants’ boycott right system are analyzed:to solve China’s civil servants’boycott right system problem, unclear concept of civil servants’ boycott right system, vague standard of judging, imperfect mechanism and lack of implementation details and operability in civil servants’boycott right system in China are described, and then the the reasons are discussed combining existing problems. Fourthly, a comparative study of foreign civil servants’ boycott right system are conducted. Characteristics of civil servants’ boycott right system in three countries which are Germany, France and Japan are integrated and according to our country actual situation enlightenment towards civil servants’ boycott right system in China is proposed. Fifthly, on the basis of the above study, to improve our civil servants’ boycott right system, the countermeasures are studied and explored. The detailed countermeasures of four aspects are put forward:strengthen the study of China’s civil servants’ boycott right system, and improve the system; issue relevant detailed implementation on civil servants’ boycott right system; establish and improve the mechanism of civil servants’ boycott right system in China; enhance the responsibility consciousness of civil servants.