Research On The Judicial Relief Of Civil Servants' Rights In China

When civil servant's rights are infringed by administrative organs,only internal remedies,such as reconsideration,appeal and complaint,can not meet the needs of civil servants' rights and remedies under the increasingly complex social relations,legal relations and the enhanced awareness of civil servant's rights.Moreover,the effectiveness and authority of remedies can also be seen from the fact that civil servants' rights and remedies are more effective and authoritative.There are obvious deficiencies in the level and intensity of relief for employee's rights.Judicial relief is the ultimate means of resolving the contradiction between civil servants and administrative organs,and an important symbol of protecting private rights in a country ruled by law.But at present,China has blocked such disputes outside the field of administrative litigation.Although there are personnel arbitration system and litigation relief channels for appointed civil servants,the litigation relief channels here refer to civil litigation relief,not administrative litigation relief in the sense of public law,and appointed civil servants only account for a small part of our country,so this paper mainly studies the judicial relief of the rights of non-appointed civil servants.Based on the current situation of civil servants' rights relief in China,this paper draws the conclusion that civil servants' rights lack of judicial relief,and analyzes the reasons for the lack of judicial relief system.Through comparative research,this paper discusses the rights protection and relief system of foreign civil servants,summarizes and learns the judicial relief mode and favorable experience of other countries in protecting civil servants' rights,and deeply recognizes the importance and necessity of judicial relief in protecting civil servants' rights under the current situation.Finally,it puts forward to construct the judicial relief system of civil servants' rights in China.In line with China's administrative management system to expand the civil servants seeking relief space,at the same time to determine the civil servants' rights of judicial relief principle,expand the scope of administrative litigation cases,to ensure the realization of civil servants litigation right.We should realize that in today's deepening of human rights,democracy and the concept of rule of law,simply denying the judicial safeguard means of civil servants' rights or excluding the judicial remedy means from the legal remedy means is obviously not conducive to protecting civil servants' rights.Therefore,China should also open up judicial channels for the relief of civil servants' rights,and change the traditional concepts that do not conform to the development of The Times.This is a strong guarantee for the real realization of civil servants' rights,and is of great significance for improving the administrative efficiency of government organs and implementing the strategy of "rule of law".This paper is divided into four parts.The first chapter is about the legal relief of civil servants' rights in China.This chapter first introduces several issues related to civil servants,and discusses the current relief measures for civil servants' rights in our country.The second chapter introduces the lack of judicial relief of civil servants' rights in China with cases,discusses the disadvantages of judicial lack and the necessity of building a judicial relief system,and analyzes the main reasons for the lack of judicial relief system.The third chapter discusses the civil servant rights relief system of foreign countries and its enlightenment to China.In this chapter,by using the method of comparison to the common law of Germany and Japan civil servant's rights relief system discussed in this paper,the contrast found that these countries are the administrative relief and judicial relief the rights protection mechanism of combining tend to take judicial review as the last line of protection of right remedy for civil servants,it provides the improvement of the system of civil servant's right remedy reference direction.The fourth chapter puts forward the construction of civil servants' rights judicial relief system.Under the perfect administrative internal relief way,create a civil servant's rights of judicial relief way,clear the principle of civil servant's right to judicial relief,to accept the matter,in time,examination scope,examination intensity and the judicial relief trial type,and to improve the other remedies,set up good cohesion and interaction of administrative relief and judicial relief,establish civil servant's rights relief system with Chinese characteristics.