Study On The Feasibility Of The Civil Servant’s Relief By Administrative Reconsideration In Our Country

Today, Administrative law is the center of the world, constitutional development andthe protection of human rights has become a mainstream of the times. Not just the rights ofordinary people have been fully protected, many citizens of special identity, Also get rid ofthe bondage of the identity, get the recognition and protection by law, civil servant is theone. Traditionally, Once become civil servants, there is no freedom, but now many countriesand regions have also begun to focus on the protection and remedies of civil servants’fundamental rights. Facing this tide, China formally introduced the " Civil Service Law",to readjust the position, classification, rights, obligations, and so on. However, this is notenough to fully protect the rights of civil servants, especially in the level of relief, the wayof remedy is obvious unity and exclusivity--there is only review and appeal, and rejectingadministrative reconsideration and lawsuit. This paper tries to start with the characteristicsof civil servant status and rights, break through the traditional mode of thinking which isbased on the theory of special powers relation; and compare extraterritorial experience andpractice, finally discuss the feasibility of introducing administrative reconsideration and putforward a sound proposal based on the system innovation. I think that, only in this way canwe not only promote public administration capacity, but also not contrary to the objectivesof law and right, and truly reflects the purpose of harmonious society.Paper is divided into five parts.The first part is the basic of the paper to define the discussion’s subject and scope.Start with the concept Interpretation, analyze the meaning, types and characteristics of thecivil servant rights and their remedies,in order to design a general framework for below.The second part describes the current situation of civil servant rights remedies, andanalyzes the existing problems. The deepest cause of hindering is the unity and exclusivityof the civil servant rights remedy meths. The actual situation calls for a "relief network"with full of remedy meths,in particular, we should take advantages of internal remedy ofthe administrative.The third part describes the extraterritorial civil servant rights remedy, summarizestheir common characteristics, and analysis the advanced experience. This is mainly to discuss and reflect from the pattern, content and procedure of civil servant relief. we canfind remedying by the administrative reconsideration for civil servant rights just meets the "lawsuit-reconsideration" parallel pattern outside, and can compensate for our own civilcomplaint system inherent flaws.The fourth part is try to analysis and break the obstacle causes. This is mainly startingfrom the practice of administrative law, breaking the traditional bond of the theory ofspecial power relation, no longer rigid external administrative behavior, and demonstratethe reconsideration and rationality.The fifth part presents the feasibility of introducing reconsideration relief to improvecivil rights remedy system. Relief for civil servant rights issues and review the existingsystem of analysis, combined with experience outside, and then put forward concreteproposals to introduce reconsideration relief.