法国公务员论文-公务员的权利救济制度France civil servant thesis

ons of civil servants are the core and basis of civil servants legal system, which decides the institutional construction of rights and their remedy of civil servants. Through analyzing the practice and ideal of relations between kings and officials in early feudal bureaucracy, the chapter discusses in history of relations between civil servants and administrative organs, the theory of special power relation which had occupied the leading position and various critical and reformative theories and various modes of rights remedy based on these theories to settle the foundation of current legal relation mode and rights remedy of civil servants. Government public personnel management is not“the jungle without the sunlight of government by law”, but should be cared by principles and basic ideals of modern administrative law. The basic principles of modern administrative law guide the institutional construction of system of rights remedy of civil servants.

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 The system of rights remedy of civil servants has the value and functions in aspects of realizing constitutionalism, protection of human rights, regulating power, optimizing public management and promoting public interests. Chapter 3 is the rethinking of the current situation of system of rights remedy of civil servants. From the perspective of regulatory files of rights of civil servants, the legal declaration of rights of civil servants is congenitally deficient. The infringement of the rights of civil servants exists in many aspects of the management of civil servants. From the perspective of rights remedy of civil servants, there are some problems, such as the laggardness of legislation of remedy institutions, the lack of basic fairness of administrative remedy, the arbitration remedy not really implemented and lack of judicial remedy.

The reasons of the defects of the system of rights remedy of civil servants in China include: structural restriction elements, obstacle and obfuscation of legal theory and the technicality problem of legal institution itself. From the perspective of structure, political development, economic base and cultural tradition restrict innovation of system of rights remedy of civil servants in different degrees. From the perspective of ideal, the practice of system of rights remedy of civil servants is based on the theory of non-litigation of internal administrative activities. This theory divides administrative activities into internal administrative activities and external administrative activities.

It aims to peel off some administrative activities, including activities of management of civil servants, from common administrative activities to particularly manage, except reservation of law and judicial review.Comparing with theory of special power, they are different in approach but equally satisfactory in results. It influences the system of rights remedy of civil servants negatively. From the perspective of organization and technique, the system of rights remedy of civil servants is not sound in organization, not perfect in procedure and lack of experiences and institutions in relevant review and judging technique.

Chapter 4 and 5 tell litigation and non-litigation remedy of rights of civil servants. As the analysis pivot of the dissertation, from type division, in means of comparative law, I analyze the organizational structure, main measure, procedure and technique of litigation and non-litigation remedy of rights of civil servants in contemporary legally-developed countries, try to hold the disciplines of contemporary system of rights remedy of civil servants, through means of comparing across different countries, case analyses and theory construction, selectively analyze the concrete form and institution of different channels of rights remedy and construct basic i