Research On Discipline Standard Of Civil Servant Personal Misconduct From The Point Of View Of Administrative Law

Ancient Chinese feudal ruling thought for a long time accumulation and formed peculiar power culture,the relationship between civil servants and state formed in Germany similar to traditional "special power relation",is restricted by the severe civil servant's private life.Is it still possible for the state to discipline civil servants after work after work? Is there any limit? What is the standard? These questions are worth thinking about.First,the basic theory of punishment of civil servants in the country,put forward the definition of civil servant's personal behavior main criteria from the performance of duties and the use of civil servants position judgment authority on two aspects,secondary standard from the factors of time,place,object reference.The personal misconduct of civil servants is defined as illegal behavior,breach of professional ethics and violation of social ethics and other personal misconduct.Focuses on analyzing the theory of special power relation to explain the relationship between the state and the civil servants,looking back to the local analysis of characteristics of the practice of the theory in our country,and the theory development trend in the world.This paper discusses the development of civil servant relations in China.This paper expounds the purpose of punishing civil servants,which is based on the maintenance of official discipline,and has increased the function of the protection of rights and interests in modern times.Secondly,combing our legal system of civil servant's personal misconduct disciplinary standards,and the civil servant's personal misconduct disciplinary standard classifies the specific performance: one is the damage to the nation's reputation and national activities of behavior;The act of violating professional ethics or social morality;Third,the act of doing business and working as a profit-making organization.This paper analyzes the definition of punishment criteria and the problems of the standard of punishment.Finally,finishing the United States,Germany and Japan law related to the disciplinary rules,mainly on the theoretical basis,legislation and practice,summed up the four contents: the basic theory of punishment to develop in the direction of human rights,rule of law;Countries adopt the legislative model of generalized and enumerated forms;The norms of all countries are distinctive;Set elements to control the scope of disciplinary protection.Then combined with China's national conditions,considering the beneficial reference to foreign law system,in order to "hurt his post or partners of the trust and respect" as the basic criterion,in order to replenish the shortage,the specific standard of scientific construction of typed in hopes of our country civil servant's personal misconduct disciplinary system to improve the benefit.