Research On Rights Remedy System Of Civil Servants In China

Civil service system is an integral component of the system of administrative law system in China,which is critical to the implementation of the overall strategy of governing the country according to law in our country.Due to the impact of traditional political culture,the cadre management system and the special power relation theory,the emphasis of the system of administrative control in our country has invariably been laid on how to strengthen the supervision and management of civil servant group,so as to ensure its standardization of duty activity in accordance with the law.It is reflected in the stressing the standardization of obligations and less emphasizing the standardization of rights in the construction of legal system.Yet,owing to the lack of truly effective relief system of civil servants' rights,the rights as stipulated in the legal text fail to be implemented upon the individual civil servants.The core of the construction of civil servants' rights relief system lies in balancing the relationship between rights guarantee of civil servants and maintaining the order of public administration.On this,it is more than a simple matter of moral judgment as to pay more attention to the former or the later,but it has much to do with the local economic development level,cognitive level of rule of law and the rights consciousness awakening.By investigating on the evolution process of relief system of civil servants' rights,the transformation from the authoritarian order-centralism to the right-centralism under the civil rights system could be clearly demonstrated.The process tends to be progressive,which reflects the epitome of the evolution of the civilization of human society.Viewing from the range of the world,the special power relation theory was gradually discarded by the principles of respecting for human rights and due procedures and so on,gradually constructing the dual relief system integrating non-judicial relief and litigation relief.The paper involves a comparative analysis of the relief systems of advanced countries abroad from the perspective of comparative law,followed by the review of civil servants right standard system and its operation status quo in our country.Facing up to the deficiencies,the paper probes into the root causes.Subsequently,some suggestions are proposed for the reconstruction of scientific and rational relief system of civil servants' rights from the perspectives of improving the system of civil servant rights,completing the non-judicial relief system,and establishing the litigation relief system.