Our Country Civil Servants Right Relief System Research

This dissertation bases on the basic problem of the civil servants right relief in China, and does the comparative research on the west developed countries, summarized several enlightenment for the right relief in China After the discussions of the current situation and the limitation of the right relief, we can know the reason which restricts the development of the civil servants right relief in China At last, combines with the current situation of China and the experience of the foreign developed countries, the author proposes several advices to complete the civil servants right relief in ChinaThis dissertation totally divides into five parts:The first chapter mainly summarizes the rights, characteristics, reliefs and types of the civil servants Basic on the civil servants’ characteristics, the author analyzes the current right style and the relevant relief style of the civil servants and the necessity and importance of the right relief Then the author gives a brief introduction of the theoretical significance and practical significance of the civil servants right relief, and the significance for the construction of the civil service system in China This part is a foundation of the following partsThe second chapter bases on the former analysis of the basic connotation of right relief; the author elaborates the concept of theory of Special Power Relationship and at the same time criticizes it It is fully analysis the affection of theory of Special Power Relationship on the civil servants right relief system It does a theoretical analysis and a practical analysis to the justifiability of the internal administrative act of the organs of the state The analysis of the justifiability of the internal administrative act gives a theoretical foundation for the civil servants right reliefThe third chapter introduces several civil servants right relief system in Japan, French, British, and America and it’s enlightened to China Based on the pertinent regulations of the foreign developed countries’ civil servants right relief system, and combine with the current civil servants right relief in China, we can know the direction of it and will propose some salutary advices to it The author specifically divides into three principles:Independent Relief Principle, Exhaustion Administrative Relief Principle and the Legal Relief Ultimate Principle These principles have very important value and significance to complete the civil servants right relief in China This part is the theoretical foundation for the last chapter "how to complete the civil servants right relief in China"The fourth part systematically analyzes the current situation, the main problems and the root causes of the civil servants right relief in China This part analyzes the current civil servants right relief and reconsiders the limitation it As we all know, because of the restrict of the traditional thought and the current political, economy and legal system, the civil servants right relief in China not always attract the society’s attention, and lack of the protection This chapter mainly analysis the limitation of the current civil servants right relief and its root causes which give the support of the next chapterThe last chapter of this dissertation is to complete the civil servants right relief in China Based on the limitation of the civil servants right relief in China, the paper raises several advices First is to transform of the legislation idea and to strengthen the right of the civil servants for legislation Second, to complete the internal administrative organ’s relief system, the procedures should be transparent, and it should draw into the dispute hearing system Finally, it should find the differing aspects of the administrative relief and the legal relief which can propose the specific thought to complete the administrative relief, and introduce the legal relief ultimate principle The civil servants right relief must treat the administrative relief as the dominating one and put the legal relief at the secondary position This kind of way can enhance administrative efficiency, save the judicial resource Only when the administrative relief can not resolve the disputes, the legal relief can be started...