The Perfection Of The Civil Servants Rights Relief System Under The Theory Of Marxism Rights

In the currently case of the Provisions of China’s Civil Service Act, generally, the civil servants have the rights of relief, and there are no necessary rules for the detailed implementation of it, the existing laws and regulations are in ambiguity with it; such legislative state can’t meet the demand of the China’s civil servant rights. The18th National People’s Congress requires a comprehensively deepening construction of the legislation, the promotion of scientific establishing of legislation and strict legislation enforcement, Legislation justice and universal law, it insists on equality before the law to ensure enforced, and law-breakers are violators must be brought to justice, aims to perfect the socialism legislation system and strengthen the legislation of the key areas of Socialism with Chinese characteristics. Civil Servants relief system is part of a process for the construction of legislation in China; it’s an important mean of promoting the construction of Socialism Legislation system with Chinese characteristics.The key target of this paper is trying to provide some constructive suggestions and guidance for improving the civil servants rights relief system, through an introduction of civil servants rights relief system theories, the combination of a systematic analysis of Marxism rights theories and its Chinese characterization. This article synthesized the theories of civil servants rights of Relief and the Marxism rights. Firstly, it started with the origins, the essence and the realization of Marxism rights and together with the analysis of China’s civil servants and civil rights connotations of relief, as well as the rights of civil servants in our country the implication of charity. Secondly, a more detailed analysis is provided about the establishment of the civil servants rights relief system in our country. It first described the development and evolution of the civil rights remedy system in our country according the history, and then on China’s current civil rights relief system supported by the introduction and analysis of the "review, Petitions, complaints and personnel disputes arbitration system" on the entity and procedural defect, and together with the analysis of the causes of the defection, as well as performance rights that conflicts to the theory of Marxism. The last chapter of the Paper is the concept of perfecting the civil servants relief system. First of all. it put forward perfection of relief system of civil servant’s guiding ideology, explicitly to Marx’s theory of China’s "scientific concept of development" and the "mutual values" as the guiding key systematic theory. which can’t not be feasible to be directly copied from Western developed countries. Then it presented specific proposals for perfecting relief system of civil servants. I believe that our civil servants relief system must be set up on the basis of the protection of human rights that supplemented by judicial relief for administration, which helps to improve administrative efficiency, and also helps to conserve resources for judicial relief. Only if the administrative relief cannot resolve the dispute, using judicial relief. This paper generated innovative new ideas mainly from the Marxism theoretical perspective on rights issues, adhering to the philosophy of "people-oriented, equal justice, the spirit of legislation", aims to create a theoretically perfect relief system that suits our Socialism with China’s characteristics.