A Study On The Civil Effectiveness Of For-profit Behavior Of Civil Servants

The particularity of civil servants leads to the regulation of civil ACTS of this group must take into account the attributes of public law and private law.On the one hand,civil servants are strictly restricted by the public law because of the public power contained in their functions.So how to clarify the relationship between the public law norms and law efficacy,determining civil servants profit-making behavior of civil effect,has become the realization of the civil servant law of the People's Republic of China(hereinafter referred to as the "civil servant law"),the top priority of the legislative purpose,which is currently with the social development,social public opinion and discuss the hot issues of concern.Based on this,this study adopts the traditional discover problems,analyze and solve problems of writing thoughts,based on the analysis of typical cases,on the basis of summarizing the dispute focus,combed the domestic perfect.this extraterritorial legislation and specific provisions,further discusses the legal basis of compulsory provisions,the inherent logic of profit-seeking behavior of law and the civil servants are summarized and comb.This study consists of five chapters:Chapter one sorts out relevant cases in practice,selects four typical cases for in-depth analysis,and summarizes the problems that courts are likely to encounter in hearing such cases from three aspects of law application,identification standard and legal effect,and determines the research problems of this study.The second chapter introduces the specific provisions of the current domestic law,discusses the legal theory of the determination of the effectiveness of the civil servant's profit-seeking behavior from two aspects of legislative defects and legislative items,and finds out the main reasons for the difficult determination of the civil servant's profit-seeking behavior in practice.The third chapter expounds the legislation situation and related theories abroad.Through the specific introduction of German law and Japanese law,it clarifies the process of understanding the civil effect of civil servant's profit-seeking behavior in foreign countries.Combined with China's judicial practice,it summarizes the reference for China to improve relevant effectiveness judgment.The fourth chapter mainly combines the domestic existing legislation and the overseas legislation,and puts forward the main factors to be considered when determining the effectiveness of the behavior violating the(management)compulsory regulations,and then preliminarily constructs the logical framework for determining the civil effectiveness of civil servants' profit-seeking behavior.The fifth chapter,based on the foregoing analysis,summarizes from the three perspectives of problem discovery,problem analysis and problem solving,and points out the significance of correctly understanding the civil effectiveness of the for-profit behavior of civil servants for the legislative purpose of the civil servant law of the People's Republic of China.