Guarantee On The Right Of Administrative Litigation Of Civil Servant During The Dispute Of Personel Sanctions

Although China had,"Civil Law" was promulgated since 2005,civil servant's rights relief,have made great progress and development.But because defects of the internal administrative remedies and impact of personel Sanctions non-actionable,so difficult to effectively protect the civil servant's rights.The judicial relief relative to administrative relief,independent,fair and impartial settlement of personel disputes,can effectively protect the interests of civil servants,and regulate the behavior of the civil servant personnel management.For this situation to analyze and study,proceedings to the program of protect the civil servant's public administrative rights.This paper consists of four parts: the first part is the basis theory of research on the civil servant's administrative litigation rights during the dispute of personnel sanction,including the dispute of personnel sanction and the meaning of the civil servant' admini strative litigation right.With the enhancement of the citizens,the concept of administrative law,they appeal to the administrative requirements of the protection of civil servants to realize the protection of the rights,powers and the rule of law to limit government and management efficiency,and this was also in line with the development trend of China's judicial relief ultimate principles and administrative proceedings.The second part is the present situation of civil servant's administrative litigation rights and reasons,mainly due to the theory of internal administrative acts can't litigation and system of external factors.lead to the legislation and procedure about the litigation rights and the provisions of the lack.The third part combined with the present situation of the foreign protection of the administrative litigation right of action,learning from foreign experience of the system.including foreign theoretical research and legal rules,principles.The fourth part puts forward ideas to ensure administrative litigation during personnel dispute in our country,to establish a system of civil servant's administrative litigation rights,and from the administrative protection of the right of action of entities in the system and procedure system.