Research On The Relief Procedures Of Civil Servants' Administrative Sanctions

The current civil servant relief system in our country excludes internal administrative acts such as administrative sanctions from the scope of administrative litigation.Civil servants who refuse to accept administrative sanctions and seek administrative relief through review procedures and appeal procedures within the administrative organ are their only relief.The administrative relief procedure system for civil servants in my country has basically remained the same since its formulation and implementation for more than ten years,and has not been revised during this period.After the promulgation of the "Supervision Law" and "Government Sanctions Law",the "Civil Servant Law" has made corresponding changes to the chapter on review and appeal in order to maintain the coordination between laws,but the specific relief procedures were promulgated more than ten years ago."Regulations on Administrative Sanctions of Civil Servants of Administrative Organs" and other procedural departmental regulations and administrative regulations have not changed.After the reform of the supervision system,civil servants who violate the law but do not constitute a crime can either be given administrative sanctions by administrative organs or governmental sanctions by supervisory organs,but the relief procedures corresponding to administrative sanctions and governmental sanctions are not the same,which may lead to relief effects.different.In view of the imperfections in the procedural department rules and administrative regulations on the administrative punishment relief procedure system for civil servants and the new problems that have emerged after the reform of the supervision system,the author puts forward suggestions for improvement on the basis of examining and learning from the experience of advanced foreign systems.The first part of this paper mainly introduces the concept of civil servants' administrative sanction relief procedure and the theoretical basis of this research.The author defines the concepts of "civil servants" and "administrative sanctions",and on this basis further clarifies the connotation of the object of this paper,"administrative sanctions relief procedures for civil servants".The theory of special power relations can provide theoretical analysis on the phenomenon of non-judicialization of civil servants' rights relief in my country;to improve the procedures for civil servants' administrative sanction relief,it is necessary to give full play to the role of administrative organs under the guidance of the principle of administrative self-restraint,and at the same time,it should also meet the requirements of the principle of procedural justice.The second part of this paper is mainly based on the background of the reform of the supervision system.The author finds the following problems through the analysis of the evolution of the administrative punishment and relief procedure system for civil servants in my country before and after the reform of the supervision system.First,the relief procedures under the dual-track disciplinary mechanism are uncertain;second,the relief procedures themselves are imperfect;third,the relief agencies lack neutrality and professionalism.The third part of this paper mainly introduces the experience of advanced foreign systems.The author selects Germany,the United States,and Japan to investigate the administrative relief procedures for civil servants.It is found that these three countries focus on ensuring that civil servants seek administrative relief through strict and scientific procedures.procedural rights in the CCP,and have set up administrative relief agencies with strong neutrality.The fourth part of this paper mainly aims at the problems existing in the relief procedure system of civil servants in my country summarized in the second part,combined with the foreign advanced experience in the third part,and puts forward corresponding improvement suggestions based on my country's national conditions.