Research On Judicial Guarantee Of Civil Servant's Rights

The protection of civil servants 'rights and interests is a safeguard legal system that implements civil servants' statutory rights.Judicial relief is its core element and final safeguard mechanism.Whether a country can establish this system reflects to a certain extent the legal system of civil servants in the country and the construction of a government under the rule of law.However,The provisions of Article 13(3)of the Administrative Procedure Law currently in force in China completely exclude judicial intervention in the field of protecting the rights and interests of civil servants.This is due to the lag of legislative ideas,the restraint of traditional cadre management system,and the lack of legislative and technical capabilities.In the long run,it is bound to have a serious negative impact on the protection of civil servants 'rights and interests and the construction of the rule of law government in China.The defects of internal administrative security and the "vacuum" of judicial review have become two major injuries of civil servants' rights protection in China.It faces the problem and seeks a correct solution.Therefore,on the basis of deeply reflecting on the current situation of civil servants' rights and interests protection in China,this article is based on the analysis of the current situation.We will focus on reviewing the content of Article 13(3)of the current Administrative Procedure Law,fully draw on the useful experience of the judicial protection of civil servants 'rights and interests outside the region,and accurately grasp the concept and organization of judicial protection of civil servants' rights and interests in the light of China's actual conditions.We will focus on designing from two dimensions: entity and procedure,so as to give in-depth consideration to the construction of a judicial protection system for civil servants 'rights and interests in China.In order to promote the internal personnel management behavior of the administrative agencies to deepen and improve the civil service rights and interests protection system and improve the quality of legislation to contribute a force.The full text is divided into four chapters.The first chapter is the summary of civil servant's rights and interests judicial protection,first from the meaning of civil servant's rights and interests,expounds the concept and characteristics and types of civil servant's rights and interests,then discusses the civil servant's judicial guarantee of the connotation,significance,theoretical origin and standards and scope,for the following discussion of the The second chapter discusses the reasons for the predicament of the judicial guarantee of civil servant's rights and the necessity and feasibility of its system construction,analyzes the relevant factors in the predicament of the judicial guarantee of civil servants ' rights and interests in our country from the current legal norms,and then expounds that the construction of judicial guarantee system of civil servant rights From two aspects of theory and practice,it is pointed out that our country already has the social condition of establishing this system,which provides the realistic background for the judicial intervention in the civil servant's rights and interests guarantee.The third chapter is about the consideration factors of constructing the judicial safeguard system of civil servant's rights and interests,mainly from the particularity of civil servant's rights and the priority of administrative relief,so as to make the public personnel management of the Government be cared by modern administrative law principle and basic idea and own national conditions.The fourth chapter focuses on the construction of the judicial security system of civil servants,as the goal of this article,the civil servant and the state of the legal relationship between the correct positioning as the basis,from the transformation of the legislative concept,clear scope of the case,the defendant qualification and other aspects of the demonstration design,In order to establish the Chinese characteristics of civil service rights and interests of judicial security system to explore preliminarily.