On The Standard Of Civil Servant's Duty Behavior

With the continuous progress of society in our country,social rights of citizens has beenextended,contact of business behavior on individual citizens and administrative organsincreasingly frequent.The official behavior is determined by the functionaries of theadministrative organ in accordance with the administrative instructions or orders,to the nameof administrative organ to exercise the administrative functions and powers,fulfill their socialresponsibilities.Official behavior is the basis of state responsibility,definition of the officialbehavior not only related to choice the relief way by the citizen individual right,but alsorelated to the relevant legal responsibility.At the same time,public servants exercising thepublic power behavior not only affects people's interests are also directly reflects thegovernment's image.So,to explore a reasonable definition of official acts,standarded of thecivil servants' s duty behavior,building of a harmonious and orderly social system is anextremely important.At present,legal theory of domestic and foreign put forward the subjective,objective andcomprehensive standard theory for official business behavior standard.The subjective theoryis starting from the subjective intention and objective of civil servants to judge the nature ofbehavior.The subjective respect the civil servants will,but because of the individual'ssubjective will is often difficult information to outsiders,and subjective will change in thecourse of behavior will.So,the subjective theory is too one-sided,not the fair and reasonabledefinition to official acts.The objective is observe the nature of behavior from externalcharacteristic.Relatives often based on the intelligence and knowledge structure of thegeneral society people to judge the behavior,and adjust their behavior.Objective criteria ismore relatively to the sense of justice,but the external feature is only a superficialphenomenon,unable to accurately convey the substance of action.Therefore,the reasonableof objective standard also needs further investigation.Chinese scholars generally agree withthe standard including time,area,power,name,purpose and behavior,to comprehensiveanalysis of various factors.This comprehensive standard were taken the factors thatassociated with official business behavior into account,balance of interests,avoid the singledefect of subjective and objective standard.But the comprehensive standard have too manyfactors,easily lead to care for this and lose that,finaly,it is difficult to determine theconsequences of behavior.This paper from the existing three official behavior standards,fully consider the rationality and operation factors,the definition of official business behaviorstandards are divided into the essence elements and form element,at the same time referencethe closer standard to official behavior,hope it can have some help to deal with the relatedproblems in judicial practice.This paper is divided into four parts.The first part of the introduction,the second part of the civil service,job behavior and the civil service job behavior,in the third part of the paper introduces the existing representative of the standard theory,and the advantages and disadvantages of each kind of analysis,in particular,the existing problems and problems;fourth through the elaboration of foreign and China's Taiwan area administrative authority of the standard,the fifth part of the article put forward our country's administrative authority to improve the standard of.