Research On The System Of Civilian Official Duty Of Russian Federation

Putin was elected the third President of Russian Federation on May 7,2000. During the process of implementation of Putin's plans for revitalization of Russia, the inefficiency of state organs is one of the difficulties encountered. To change this situation, Putin began to implement reform in various fields of national life, administrative reform and reform of national official duty. The reform of national official duty was launched in August 2001, and promulgated the Law on the System of National official duty of Russian Federation in May 2003. The distinctive system of national official duty has been primarily established since then. System of national official duty of Russian Federation can be divided into national civilian official duty, national military official duty and national law-protecting official duty according to the contents of national official duty. "Law on National Civilian Official Duty of Russian Federation" promulgated in May 2004 and "Law on Military Service and Military Official duty" promulgated before the former one confirm the system of national civilian official duty and military official duty respectively. Presently, "Law on National Law-protecting Official Duty" has yet to be promulgated. The system of national law-protecting official duty of Russian Federation is temporarily regulated by numerous federal laws and norm documents. The system of national civilian official duty of Russian Federation is one of three kinds of system of national official duty of Russian Federation.The system of civilian official duty of Russian Federation consists of all the rules that observed by civilian officials in corresponding civilian posts while engaging in the functional activities of guaranteeing the exercise of power and confirmed by Constitution and laws of Russian Federation. The system of national civilian official duty of Russian Federation consists of two basic parts:posts of national civilian official duty and national civilian officials. At present, posts of national civilian official duty are established in legislative organs, executive organs and judicial organs, as well as other state organs exercising state power of Russian Federation. Correspondingly, there are national civilian officials engaging in the functional activities of guaranteeing the exercise of power. Therefore, the system of civilian official duty involves the widest area and has the most officials among three kinds of system of national official duty.Law on National Civilian Official Duty of Russian Federation specifies basic principles of the system of national civilian official duty, subjects and contents of legal relationship. System of national civilian official duty of Russian Federation is one of the outcomes of reform of national official duty.On the background of reform, system of civilian official duty of Russian Federation is given multiple functions. The first is to regulate the exercise of power. Law on National Civilian Official Duty of Russian Federation regulate the exercise of executive power through confirming system of controlling conflicts of interests, system of reporting property and system of publication. The main direction of regulating the exercise of power is to prevent national civilian officials from corruption and bribery. The second is to enhance the quality of national civilian officials. Prominent problem encountered in the process of reform is that the prestige of the state organs is greatly reduced by the decline of the quality of national civilian officials. Law on National Civilian Official Duty confirms professional ethics of national civilian officials in order to actively improve work style of national civilian officials and improve quality of national civilian officials. The third is to promote the development of civil society. Law on National Civilian Official Duty not only requires collaboration between national civilian official duty and civil society, but also requires the establishment of the principle of openness of official information. Strengthening communication is the basic requirement of the system of national civilian official duty to promote the development of civil society. The fourth is to improve management efficiency. In order to evaluate the functional activities of national civilian officials, Law on National Civilian Official Duty confirms security system, performance evaluation system, and system of rewards and penalties of the functional activities of national civilian officials.Establishment of system of civilian official duty of Russian Federation experiences three stages:"the table of official rank" in Tsarist Russia before the October Revolution, "the list of positions" in Soviet Union and contemporary national official duty in Russia. The system of civilian official duty of Russian Federation not only inherits legal tradition of personnel management pattern in Tsarist Russia and Soviet Union, but also benefits from civil service system of western developed country according to national conditions. Although the design of system of national civilian official duty of Russian Federation is good, there are still some problems and shortcomings. Especially in the implementation process of the system, the plight of the system of civilian official duty of Russian Federation which is difficult to evade is exposed. In the future, the development trend of the system of national civilian official duty of Russian Federation will have three characteristics: continue to improve the contents, continue to maintain a positive factor to promote the healthy development of the system, continue to strengthen coordination between the system of national civilian official duty and civil society.Studying the development, the contents and the function of the system of national civilian official duty of Russian Federation, and evaluating the pros and cons of the system can make three points for the construction of China's civil servant system. The first is to build China's civil servant system. The cadre and personnel system should be integrated through a systematic idea. Specifically, in the future, the Civil Servant Law of the People's Republic of China should be further improved, thereby making it the "Total Law" of the personnel management system. In order to achieve the convergence of civil servant system and personnel system, and achieve full legalization of personnel management, the law should divide civil servants into different types for administration depending on the nature of their work. The second is to improve civil servant management system. For example, legislation should provide for civil servant posts, professional ethics, legal management, improvement of relief mechanism and deep protection of the rights of civil servants. The third is to confirm basic principles of our civil servant system in constitution so that the legal system of our civil servants can be established. The revelations above have important referential significance for deepening the reform of China's cadre and personnel system and improving China's civil servant system.