Research On Authority Relief Of Civil Servants

Civil servants are official staff in accordance with the law on behalf of national organs to perform public authority,duties,and national affairs.Through the implementation of national laws and regulations,they undertake the task of the social order management and the public resources allocation,which making them the backbone of the state machine operating normally.However,the existing system can not play a sufficient role in security effect of civil servants after the administrative sanctions,failing to protect legal rights of them.Based on the background of the current comprehensive rule of law,combined with the work experience of the case handling department of the local(city)supervision organ,it is concerned about the relief rights of the civil servants who are subject to administrative sanctions,pointing to the shortcomings of the current legal system.Taking the administrative sanctions system,this paper aims to explore the effective remedy for improvement of civil servants in our country,so that the legal rights of civil servants can be effectively protected.The first and second chapters are the introduction and overview of civil servants' rights relief.First of all,it introduces the preparatory works,methods,ideas and others of subject study,and then started with some typical cases,the problem that there is no relief for the serious influence caused by wrong administrative sanction on civil servants is reflected.This paper discusses the contents of rights relief in administrative sanction of civil servants,though the analysis of basic concepts and elements,theory foundations,relationship features,a frame understanding of the system is constructed.Chapter three introduces the current situations and existing problems of civil servants' right relief.At first,the design situations and operations of right relief in domestic administrative sanction is studied;and then this paper puts forward the shortage of civil servants' rights relief and the negative consequences of the lack of judicial remedies.Chapter four discusses the current situations of administration and judicature in foreign countries.This paper compares the administrative remedies and judicial remedies of civil servants' rights relief in five countries,such as Britain,the United States,France,Germany and Japan so as to put forward the reference significance of the contents of civil servants' rights relief in the related system of foreign countries.Chapter five discusses the conceptions of perfecting the rights relief of civil servants in China.In administrative remedies,setting up a independent agency to respond to complaints,and to expand the scope of accepting cases of administrative remedies,and to perfect the procedure of administrative remedies;at the same time,we should actively construct the judicial remedies,and establish judicial relief institutions,radicate the standard and procedure of judicial review.Truly civilized human society respect rights of all people.If the rights of civil servants are not treated seriously,the rights of other groups can not be treated seriously,either.The main purpose is to guide civil servants to regular their own position functions in the public management as long as to maintain the dignity of civil servants,so that civil servants would pursue the effectiveness of social management and public services as a professional value in serving the people,promoting social civilization.