On The Consummation Of The Civil Servants' Rights Relief In China

The civil servants in fulfills the public service in the process possibly to be able to encroach upon the citizen, the legal person, or other organization's legitimate rights and interests, similarly, they took in the institution, its own legitimate rights and interests also possibly receive the civil servants'regulatory body the infringement. How should the civil servants protect their own through legitimate rights and interests when this situation occurs? This is the question for civil servants'rights relief. Because it has just passed "Civil Servant Law" in our country, expanding civil servants'scope, therefore, the rights relief system to civil servants is complication and diversification now. And this article is mainly to elaborate the rights relief system for civil servants in the sequence of the administrative organ.Civil servants'rights, are refers to the law based on civil servants'status and the responsibility, which are the permission and the safeguard for civil servants to have the qualifications to enjoy some kind of benefit and to be authorized to makes either does or not make some kind of behavior as well as requests the other people to make or not to make some kind of behavior. Civil servants'rights relief, are refers works as when civil servants'rights suffers the violations, according to the legal method and the procedure seeks the relief, defends own rights. Should contain following several essential factors about civil servants'rights relief: The rights violated which must be the legal rule rights; the appearance of the violation to the legal rule rights; the way of the rights relief.In our country law mainly includes two kinds to the civil servants rights relief scope:The human affairs procession decision and the administrative rights infringement. In view of two kind of different rights violation form above, the present law had separately stipulated appealed and accused performs to provide relief. Moreover, civil servants in the system of appoints when having the dispute with the office because of fulfilling the institutions appoints contract, may apply for arbitration to the human affairs dispute the arbitration committee. Because our country differentiates the internal and exterior administration legal relationship, litigant has no prosecution rights to the people's court regarding internal administrative action。The present civil servants'rights relief mainly is the administrative chain of command internal relief in our country, specifically includes reexamines, the appeal and the accusation. From the establishment of the related civil servants rights relief system in our country until now, it has obtained the very big effect on maintaining the civil servants'own rights and interests and superintendence administration by law to the administrative organ and the staff, but still had a good many deficiencies.The effective safeguard to the civil servants'rights and interests is a necessity of the civil service regulations development and the consummation. For this comparison, profits from the more perfect related legal system which the western nation oneself has to appear especially essential. Makes the improvement to our country civil servants'rights relief system, needs to complete by the legislation safeguard, the judicial relief, the administrative internal mechanism several aspects improvements and the conformity together. This is a process which proceeds in an orderly way. It must achieve three aspects in this process the interactions, mutually promotes, and finally realizes the civil servants'rights relief thoroughly brings into line with the government by law principle under the control, and enables the civil servants'rights relief the loophole to fill. Similarly, it also should unify the social basis to our country civil servants'relief, and makes it become the effective link in the government system operation process in our country society reforming time. Based on this, to any pattern model, it should not copy mechanically and apply slavishly at all, but should base the native place resources.