Research On The Relief Of Civil Servants' Rights In China

The national civil servant system is an important part of the administrative law system of our country,which is related to the realization of our country's overall rule of law strategy.However,due to the influence of traditional political culture,cadre management system and the theory of special power relationship,the focus of China's administrative system has always been on how to strengthen the supervision and management of civil servants to ensure that they perform their official duties in accordance with the law.Moreover,in the construction of the legal system,it is manifested as the emphasis on the compulsory norms,the neglect of the right norms,the lack of a real and effective civil servant rights relief system,which leads to the failure of the rights in the legal norms to fall on the individual civil servants.The core of civil servants' right relief system is to balance the relationship between the protection of civil servants' rights and the maintenance of public administration order.On this issue,whether to pay more attention to rights or order is not a simple moral judgment issue,but has a lot to do with the level of local economic development,the level of the rule of law,the awareness of rights,etc.Examining the change of civil servants' right relief system,we can clearly show the change from order centralism under the authoritarian system to right centralism under the civil rights system.The evolution of this process is gradual,reflecting the epitome of the evolution of human civilization.No matter from the common law system or the civil law system,the theory of special power relationship is gradually replaced by the principles of respecting human rights and due process,and a relief system combining non litigation relief and litigation relief is gradually constructed.From the perspective of comparative law,this paper makes a comparative analysis of the relief system of foreign countries with advanced rule of law,and combs the current situation of the right standard system and system operation of civil servants in China,faces the existing defects,explores the root causes of the problems,and starts with the improvement of civil servants' right system,the improvement of non litigation relief system,the establishment of litigation relief system,etc.,to make a scientific and reasonable public service in China Some suggestions are put forward for the remedy system of the rights of members.This paper uses comparative analysis method to analyze and compare the reliefsystem of foreign countries with advanced rule of law,and combs the current situation and existing defects of civil servants' rights relief in China,and analyzes the root causes of the problems,and starts from improving the civil servants' rights system,improving the non litigation relief system,and establishing the civil servants' wrong case accountability system To perfect the right relief system of our country's civil servants,we should put forward scientific,legal and reasonable suggestions.