A Study Of The Official Servant Legal Relation

Embodying the nomocracy value of the official servant system, the official servant legal relation refers to the relation of right and duty between officials and the state, which is constrained and regulated by laws. An analysis of it will help to deepen our understanding about the nature and core of the official servant legal norms, further the development of the official servant system and legalize the personnel administration. To make a comprehensive and profound analysis, this paper is expanded in four parts: The first part begins with the definition and features of the official servant legal relation and also the illustration of its main elements; The second part makes a historical analysis about the official servant legal relation, mainly including on one hand the essential distinction between the official legal relation and the hierarchy and nepotism in the feudal officialdom on the other hand the social condition for its formation and its development trace in the main western countries; Concentrating on the nature of the official servant legal relation, the third part makes a theoretical analysis and a substantial definition about it, After criticizing the theory of special right relations and evaluating the special legal relation and the basis-management theory, this part holds that the nature of the official legal relation consists in the balance between the personnel administrative rights and the official rights; In the forth part, this paper focuses on the construction and improvement of the official legal relation. First, it illustrates how to construct the official legal relation at its servant early stage in our country. Then it makes a concrete analysis about it and also points out its shortcomings. At last, this paper is wound up with and exploration about its standardization and development.