A Study On The Remedy System Of Civil Servant's Right In China

The Remedy System of Civil Servant's Right is an important part of Chinese Civil Servant System, as well as an important means to advance the construction of Socialist Rule of Laws with Chinese characteristics. Thus, the thesis attempts to do systemic hackling of the theory over the Remedy System of Civil Servants' Right, by combining the introduction of theories of Civil Servants' Right with the advanced theories in western developed countries, in order to present a guiding ideology and some related suggestions for perfection and innovation of the Right Remedy system in ChinaThe thesis is composed of four chapters. The first chapter is a general induction to the basic theories on the right remedy of civil servant; encompassing the scope of civil servant, the existing rights of civil servant as well as the corresponding remedy means, the compulsoriness and necessity of that remedy, and"Special Power Relation"theory with a brief introduction of its origin, trend and influence on the right remedy of civil servant. Special power relation has a great influence on the remedy system of civil servant's right; therefore, with constant amending towards it, the independent personality of civil servant has attracted great attention. It shows that maintaining integrality of the remedy system of civil servants' right is the development trend of civil servant law in each country.Chapter two gives a detailed analysis towards the current remedy system of civil servant's right in China. In this chapter, the thesis firstly offers a historical retrospect to the development and evolution of Chinese remedy system of civil servant's right; and then introduces the current remedy system of civil servant's right in China and analyze limitations of"rechecking, appealing, accusation and the Personnel Dispute Arbitration System"from the substantial and the procedural aspects respectively.Chapter three presents different remedy systems of civil servant's right in U.S., France and Japan respectively for purpose of give an inspiration to the right remedy system in China. Amongst, the civil servant's right dispute, is a common phenomenon around world as a kind of social dissension, and thus becomes a common concern of each country as one of social and legal issues. In course of solving the dispute, each developed country has built a whole set of mature system, the processing mechanism of which is a blending of several systems because of the complexity of the dispute. Furthermore, basing on its own actual situation, each country has set up independent the remedy department for civil servant's right, which mainly takes charge of processing appealing, accusation, negotiation, judicial review and so on. Whatever, though each country's remedy system of civil servant's right is different on procedural and substantial aspects, its spirit is still the same. Then, the successful legislative experience of western countries in processing the dispute is referential for China to do the legislation in the similar field. Thus, we could draw upon that successful experience to construct and perfect the remedy system of civil servant's right in our own country.Chapter four is concluding remarks with putting forth a conception on how to improve the remedy system of civil servant's right in our country. Herein, the thesis firstly gives the general idea on that topic, highlighting the opinion that the improvement should conform to the actual situation of our country and emphasizing that it won't work by copying western countries'systems directly. Then, the thesis brings forward detailed suggestions of improving by distinguishing administrative remedy from judicial remedy. It is suggested that the right remedy system in our country should be administrative remedy-oriented and supplemented by judicial remedy, which contributes to enhancing the administrative efficiency and saving the resources on judicial remedy as well. Thereby, the judicial remedy will be employed on if the administrative remedy is ineffective in processing the dispute. When it comes to resorting to judicial remedy for the violation of civil servant's right, the system including the accepting scope of judicial review, the examining procedure and so on, should be constructed strictly and could not be copied directly from other countries.