| The object of study in the paper is administrative personnel other than civil servant. They are less than civil servants in quantity, but they take on lots of public affairs as many as civil servants do. Comparatively speaking, there are many questions to discuss for us. The paper will take up the following three questions one by one.In the first part, it decides on the scope of administrative personnel other than civil servant. They are administrative personnel who are not civil servant working in administrative departments, authorized organizations, trustee including organizations and personnel, and authorized person. The author thinks that they should have the requisite qualifications, which should be approved by the related departments.In the second part, the author makes different exposition of the rights and duties of the triple status of administrative personnel other than civil servant. As citizens, they have the fundamental rights and duties of citizens. As organization members, they have the related rights and duties. As government functionaries, their rights and duties are similar with civil servants. They are not safeguarded formally in the civil servant law. So it is important to discuss the relief of them when their rights are damaged. It is different that the ways of right remedies of their different status. Their status'rights have less safeguards than civil servants'. The author thinks that most of rights relief should be turn on by judicial remedies.The third part of the paper expands how to judge the government action. The author thinks there are two standards, which are substantive and formal standards. They must shoulder the administrative responsibilities for their illegal government action. The principle of finding responsibility is fault principle, which means the person who has intention or large negligence. The way of administrative responsibilities such as circulate a notice of criticism, administrative sanction and compensate for a loss. But the function is limited for some administrative personnel other than civil servant. We must pay attention to the organization discipline should not mixture with law responsibility. The author suggests that interior discipline should be not more strictly than law responsibility. |
