Legal Studying Of The Civil Servants’ Controversial Issue

In 2005, China promulgated the "civil servant law" established their own civil service system in our country, from the law, you can see is different with other countries is relatively single classification, the classification of the civil servants in our country, not only contains the ordinary civil servants, they should include business unit staff and civil servants. The particularity of public servants identity, requires a separate establishment system to restrict their rights, but also does not mean personnel benefits greatly deprived of their rights. Therefore this article through to the personnel disputes related legal system, relevant system in and abroad on the basis of a comparative study, combined with related theory, puts forward some Suggestions to our country the shortage of the existing processing mechanism. The full text mainly divides into four chapters expoundedThe first chapter presents the related concepts of the personnel system and our current personnel dispute processing mechanism, this chapter firstly made in this paper, the connotation of the human relations to human relations mainly compared with labor relations to demonstrate the natural meaning of human relations, followed by the main body of personnel disputes in China, issues analyzed, and it is concluded that the specific contents of the personnel disputes; Secondly analyzes the existing personnel dispute processing mechanism, mainly from the three kinds of analysis respectively on the main body of public officials, this part of the analysis is mainly based on the existing legal system of our country on the basis of the analysis, through the analysis of various types of processing mechanism, for the content of the last chapter.The second chapter mainly introduces the effect on our country’s existing personnel dispute processing mechanism formation and factors related theory. Can form in our country now the personnel dispute processing mechanism, and the internal administrative relationship theory and the history of our country tradition and legacy of the early days of the founding of new China’s cadre system factors are inseparable. This chapter mainly introduces the special power relation theory, this theory is considered by professor jian-miao hu has no direct correlation with the existing administrative legislation in our country. But foreign civil service reform as an important theory origin, need to understand and introduced, and the theory and the internal administrative relationship theory there are also some similarities, need timely to reject some of these theories in China that exist in the backward areas, improve it.The third chapter mainly introduces the civil relief system of Britain, the United States and Japan. Because these countries on the classification of the civil servants with different in our country, they are relatively single classification, so with the civil servants’ relief system comparing with the personnel dispute processing mechanism of our country. In this paper after the unique characteristic of national civil relief system, on the comparative analysis and summary, and it is concluded that the place is worthy of reference for our country.The fourth chapter mainly from the legislation and specific system to our country existing personnel dispute processing mechanism is proposed. This chapter has went up from legislation and specific system, is based on considerations of classification diversification for civil servants in our country, civil servants, institution staff with employment, personnel dispute processing mechanism of civil servant is not exactly the same, so from the perspective of general and specific point of view to the specific system design. This chapter puts forward Suggestions hoping to practical.