On The Relief Of The Rights Of Civil Servants

In the influence of the idea of the rule of law in administrative law in China, the academic circles have begun to attach importance to the question of the relief of the rights of civil servants. The legal system of civil servants has founded not for a long time, and so it is not perfect. But in recent years mass mediums have reported a lot of cases of civil servants whose rights have been violated, such as discriminative regulations in employing civil servants, illegally underpaying, illegally extending the working hours of civil servants, and so on. The results of all these cases have reflected the disadvantages of the legal system of the relief of the rights of the civil servants. In order to grope the ways to improve the legal system of the relief of civil servants rights, this paper, on the basis of analyzing the present legal system of relief of the rights of the civil servants in China and drawing lessons from the countries whose legal systems of the relief of the rights of the civil servants are comparatively developed.The paper consists of six parts. The first part is introduction, and mainly introduces the paper’s researching values, researching situations in China and other countries, researching methods and structure. The second part is the survey of the relief of the rights of the civil servants, and mainly explains the basic concepts of the paper, such as what the civil servants is, what the rights of the civil servants are, and so on. The third part is the relative theories of the relief of the rights of civil servants, and mainly discusses the theory of Special Power Relationship, Privilege Theory and Labor Contract Relationship Theory. The forth part is the legal systems of main countries and districts and enlightenments, and mainly discusses the legal systems of the Great Britain, France and Japan. The fifth part is the present situations and disadvantages of the legal system of the relief of the rights of the civil servants of China, and introduces the legal systems and their running situations. The sixth part is the proposals of improving our countries legal system of the relief of the rights of the civil servants, and mainly analyzes the realistic basis and methods of improving legal system of our country.