China's Civil Service Law And The Labor Contract Law Parallel System Analysis

Though the Civil Servant Law and the Law on Employment Contracts are used to protect different groups of people, virtually they are both closely linked with labor rights. However, the two laws vary quite a lot in the adjustment mode, protection orientation, system design, judicial relief and so, which brings on great differences in the results and protection measures when dealing with similar cases. At the same time, there are some conflicts and legislation logical contradiction between certain Departments Law. As a result, the interests of workers cannot be protected equally.There are employment discriminations in the entry system of civil servant. Meanwhile, the laws are different when it comes to the probation period for workers. Thus, the rights of ordinary workers and civil servants are not ensured as the same. People can get a clear understanding of how a civil servant should be paid according to the Civil Servant Law, while there are some logical contradictions in the Law on Employment Contracts. What's more, for civil servants, there are no articles concerning how they can get overtime compensation. But they have more advantages than the ordinary workers when it comes to resignation and the double ways of promotion system.Speak of the interest relief system; the functions of labor unions in executive departments are not comprehensive enough. And if the civil servants want to seek judicial relief, they are not as powerful as the ordinary workers. There are also differences in equality between appointed civil servants and non-appointed ones. And although the labor rights are strongly protected by the dispute resolution system in the Law on Employment Contracts, the system has some defects too.To improve the system of relief of rights and interests, we will need to mend the functions of labor unions, and to revise the regulations on the access system in the Civil Servant Law. And we also have to make it consistent when referring to the Civil Servant Law and the Law on Employment Contracts, for example, the probationary period and resignation. If it were not for the special occupations, the rights of workers should be equally protected. In this thesis, the author is trying to make a comparison between the Civil Servant Law and the Law on Employment Contracts about the protection force, adjustment mode, punitive measures and remedy systems and so on. And based on the Constitution, he also wants to find out if there is anything to improve in our legal system. Hopefully, the article can be of some help to the improvement of the protection of labor force in our country.