The Study On The Improvement Of The Legal System For The Examination Of Civil Servants In China

The quality of the national civil service is related to the improvement of administrative efficiency and the realization of the national administrative objectives,which is related to the development of the socialist market economy and the realization of the overall goal of modernization.The civil service examination system is an important part of the civil service system.The civil service examination system is the basis and guarantee for the civil service examination.The system shoulders the civil service "entrance" to check and really do the task of the election.The civil service examination hiring legal system is an important guarantee for ensuring the quality of civil servants and optimizing the structure of civil servants from the source.China’s civil service examination system can be traced back to the ancient imperial examination system,but the modern civil service examination system in China’s establisfhment time is not long.In April 2005,China adopted the Civil Service Law and began to implement it in January 2006.However,under the background of"administering the country according to law",the legal system for the recruitment of civil servants in China has yet to be improved.The civil service examination system is not enough in place,from the legal level,led to the implementation of the civil service examination system is still exposed in the implementation of many problems.Such as depriving hepatitis B patients to apply for reference,in order to improve the quality of the civil service and set the threshold of education,"a volume of the test"test form,the applicant’s rights are subject to infringement and other issues.Due to the lack of operability of the legal provisions,the limitations of reference qualifications,examination content and form of non-scientific,lack of supervision mechanism,so that China’s civil service examination system reform difficult.Civil service examination and recruitment management system is not straighten out,the laws and regulations on the management of the main function of the division,power allocation and institutional settings do not have a unified and clear provisions,resulting in "kick the ball" and other bad phenomena;Civil service examination and recruitment of the operating mechanism is not smooth,the establishment of the registration conditions neither a unified standard and no audit system,there is no establishment of the examination classification system and the examiner resource library and other operating system.The root cause of these problems is that there is no perfect civil service examination system.In view of the above situation,from the legal point of view to improve the civil service examination system will have an important significance.Therefore,on the basis of the literature collation and the theoretical analysis,this paper takes the examination and study link as the research object,looks at the current situation,finds the problem,analyzes the reason and draws lessons from the experience,puts forward the research order of the countermeasure suggestion,The study of the hiring of the legal system was carried out.This paper is divided into four parts.The first part of the civil service examination of the civil service system was outlined.This paper has sorted out the important concepts,contents and functions of the civil service examination and hiring legal system,and grasped the legal system of civil servants’ examination in general.The second part summarizes the problems existing in the legal system of civil servants’ examination in China through real-time hotspots and social cases,and digs out the reasons for the formation of these problems from three levels:legal system,management system and operation mechanism.China’s historical development process led to the poor legal environment,the civil service legal system is not complete,the existing "Civil Law," operability is not strong concrete and other legal reasons are the most fundamental reason.The third part compares the legal system of civil servants’ examination in China and the West.Because the modern civil service examination system is formed in the western civil service system,the author summarizes the characteristics of the mature western civil service system in the process of production and development,and can better extract the methods and concrete practices of the western civil service system suitable for China’s national conditions.The fourth part puts forward the concrete suggestion from the three aspects of the legal system,the specific legal system and the judicial relief mechanism.First of all,we must establish and improve the civil service examination system of the civil law system,from the basic law to the single law and then to the regulations to carry out legal regulation.At the same time,the civil service examination system will be easy to operate the legal norms,so that the civil service examination of the legal norms can be implemented.Secondly,we will improve the specific legal system of civil servants’ examination.Including the main body system,registration system,examination methods and content to regulate.We have to establish an independent management and supervision institutions,so as to form a scientific supervision mechanism,but also to abandon the supervision of dummy’s way in the past.We have to set up a civil service recruitment test conditions,and develop a unified registration eligibility criteria or the establishment of the audit system.We have to improve the contents and methods of civil service recruitment examinations,but also the establishment of classification grading examinations and examiners resource library.Finally,we must improve the civil service examination of judicial reimbursement mechanism.Litigation legal basis needs to be clear,judicial relief needs to be improved,the administrative body of the legal responsibility needs to be divided.