A Research On The Disciplinary Procedures System Of Civil Servants In Germany

Germany's "Federal Civil Servants Law" and "Federal Civil Service Disciplinary Law" clearly stipulate the disciplinary organs for civil servants' disciplinary actions,subjects subject to punishment,disciplinary actions,disciplinary measures and disciplinary procedures.The disciplinary agencies in Germany are higher authorities and courts.The main disciplinary subjects are civil servants and civil servants who have already retired.The civil servants violated the obligations of the Federal Civil Service Law,and there are seven types of disciplinary measures:warnings,fines,reducing salaries,demoting,relieving civil servant relations,lowering pensions and depriving pensioners.The disciplinary procedure of the civil servants in Germany is divided into the disciplinary procedures of the administrative organs and the disciplinary procedure of the Court.The disciplinary procedures within the German administrative authorities are divided into internal disciplinary proceedings against ordinary civil servants and against judges,include commencement,investigation,informing,questioning,hearing and decision-making procedures.The commencement of disciplinary proceedings may be initiated by the superior organ of the disciplined civil servants,and can also be applied by the civil servants for investigation of themselves.In the period of investigation,the rights of the disciplinary civil servants to investigate the case,ask witnesses,refuse to stand,and plead may be clearly defined and in other procedures the various rights of the disciplined civil servants and the principles that disciplinary authorities should follow,shall also be clearly defined.Disciplinary measures,such as demotion,dismissal and deprivation of pensions,must be appealed before a disciplinary action,then submitted to the Administrative Court and at that time the court is a disciplinary organ.The Court's disciplinary action provides details of the commencement,trial,decision and adjudication of disciplinary proceedings.In Germany,disciplinary relief procedures,mainly include objections,the withdrawal of appeals,appeals and re-appeals,as well as the retrial of the court disciplinary proceedings.However,at present,China's disciplinary procedures of civil servants still have many deficiencies,such as:uniform legislation,confusing procedural provisions and a non-existent uniform law on disciplinary procedures of civil servants,disciplinary procedures are not strict enough,lack of independent disciplinary agencies.The disciplinary measures for our civil servants,whether they are minor or major shall all be carried out by the executive organs,which would not help protect the rights of the disciplined civil servants.Our country's relief procedures is seriously insufficiency,whether it is ex-ante or ex-post relief the ex-ante relief has deficiencies,such as unitary commencement,imperfect investigation,insufficient participation.And ex-post relief lacks the judicial relief procedure.Therefore,we can learn from Germany's civil service disciplinary procedures to improve our civil service disciplinary procedures,First of all,we should unify the civil service disciplinary procedure legislation,which means to formulate a uniform law,and standardize the civil service disciplinary procedures.Secondly,we can learn from the internal disciplinary punishment methods of the German administrative organs and courts to reinforce the functions of the Commission.The disciplinary measures against the relatively minor disciplinary actions(warning,record of a demerit,record of a major demerit)shall be still decided within the executive authorities,and the major disciplinary measures(demotion,dismissal,dismissal),may be decided by the Commission.Thirdly,our country should perfect the civil servant disciplinary relief procedures,such as allowing the civil servant to apply for the commencement procedures to improve the starting procedure,increasing rights to question witness,examine the case and refuse the statement to improve the investigation procedure,increasing the administrative relative person participation procedure to establish the civil servant disciplinary hearing.At the same time,the disciplinary decision of disciplinary measures is more serious,in the case of exhausting administrative remedy,judicial relief should be given and the relief procedure should be improved.Finally,the principle of priority and acceleration of criminal procedure shall be clarified to improve the principle of disciplinary procedure of civil servants.