法国公务员论文-公务员的权利救济制度France civil servant thesis-Rights remedy of civil servants is an important part of the legal system of civil servants. The current situation of rights remedy of civil servants is the true reflection of construction progress of legal system of civil servants and government by law. Comparing with rights remedy of citizens, rights remedy of civil servants incarnates the universal requirements of the principles of human rights protection and administration by law, and is fiercely influenced by disciplines of personnel administration, and presents different levels’special ideals and institutions. In the contradictory movement of implementation of principle of universality and embodiment of requirement of practicality, rights remedy of civil servants in each country goes across hardships and gains ample historical experiences and institutional achievements. It is the important reference for China’s construction and practice of system of rights remedy of civil servants which is at its threshold.In the perspective of comparative law and in legal system of civil servants in legally-developed countries, the regulations and practice of rights remedy of civil servants and the disciplinary characteristics reflected are a systematic remedy organism which is a combination of litigation remedy and non-litigation remedy, and centered on judicial remedy. Rights remedy of civil servants is one way of realization of rights based on fully notice of rights, and a convenient, comparatively fair and low cost remedy which is formed by fully use of resources of non-litigation, and also a remedy by the ultimate judging power of judicial organs. Both litigation remedy and non-litigation remedy have their advantages and connected and complemented to each other, and together form the sound system of rights remedy of civil servants. In order to perfect China’s system of rights remedy of civil servants, we must perfect and fully use the resources of non-litigation, and smooth the ways of litigation, and take care both short-term construction and long-term goals, and gradually perfect in aspects of ideal, organization, institution, procedure and technique.The dissertation is based on completely rethinking of the current situation of rights remedy of civil servants in China and from the perspective of comparative law to analyze the situations in legally-developed countries and grasp the mechanism, means, technique and organization of contemporary system of rights remedy of civil servants and to discuss how to perfect China’s situation. There are six chapters in the dissertation.Chapter 1 tells the scope and theme of the dissertation. It analyzes the basic conceptions of rights remedy of civil servants in aspects of conception of civil servant, scope, system of rights and regulations and system of rights remedy, and points out the definition and scope of civil servants is influenced by political institutions, economic base and legal culture and appears variety and complexity. The definition and scope of civil servants influences the system and configuration of system of rights remedy of civil servants. Rights of civil servants is built on base of veto of feudal accessorial personnel system and the embodiment of principle of administration by law and ideal of human rights protection in management of civil servants. Along with the development of modern civil servants system and administrative country by law, rights of civil servants gradually enlarges and types enriches and system becomes more sound and the issue of realization of rights appear more important. The system of rights remedy of civil servants is a protective legal system which is against administrative organs infringing rights of civil servants in public personnel management through statutory format, organization and procedure to eliminate infringing activities and recover legal rights.Chapter 2 tells theory basis and principal value of rights remedy of civil servants. Legal relati
