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Civil sanctions relief system study

Author: FengXianFeng
Tutor: MiaoLianYing
School: Zhengzhou University
Course: Legal
Keywords: Civil service Discipline relief The relation of special power due process Legal preservation
CLC: D922.1
Type: Master's thesis
Year: 2007
Downloads: 207
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Abstract


Civil service discipline relief system, combined relief principles, methods, procedures, and other legal norms, which is subject to disciplinary action for breach of statutory obligations of civil services. Integrity, and fully civil service discipline relief system as a mechanism could make people effectively against public power’s "wanton" violations, reduce the probability of the occurrence of the unjust sanctions."civil service", action" and "relief" as the core concept of the civil service discipline relief system, There is not a small difference in different countries. For example, "Civil service" means officials, administrative officials on abroad, In China not only the executive branch of government, but also the NPC and Court, even the staff including political parties and people’s organizations. This difference is reflected in punishment for different organs,such as the punishment process, the method and the relief. The new "Civil service Law" as Chinese civil service discipline reliefs "Basic Law",provides a vague, unified, not even prudent relief measures ,and not go beyond administrative sanctions’theoretical paradigm.But not be denied that this is a serious shortcoming. Fortunately, the entity’s legal interpretation of the law leaves room for a larger, and the next step will be the implementation of the Ordinance promulgated on the threshold of operational rules.Oberservation of the United States, Germany and other relief syetem in the history of the civil service discipline,all from without relief to have relief, never fully relief to the full relief, relief from the substantial to process relief, relief from scattered relief to specific organs, Chief judicial relief from such a relief to the evolution of thought. In this evolution, different countries have different legal systems to develop a variety of sanctions relief model. They rely on the theoretical basis for the comparison : Anglo-American legal system retains the principle of due process and civil law though Legal preservation and the theory of the special power relationship. Retrospective these connections and content of the theory of evolution path, one can find many similar things, demonstrated strong integration trend. That the principles of due process of widespread infiltration; A profound impact on the concept of contract; Universally established judicial review; models such as the international protection. As a country of the legal transplantation characteristics, such foreign Civil service Relief system experience for us to improve the civil service relief system in China is very positive and practical significance.Interpretation of the concept is in order to hold a dialogue platform; The foreign system, designed to explore the experience for reference. Theoretical studies must eventually return to own problems. Critically examine the current situation in China’s civil service system of sanctions relief, we found that in this system, the level of legal texts is mixed, contradictory, complicated, the Constitution, the Administrative Procedural Law, the Administrative Review Law, the State Compensation Law, Administrative Supervision Law, and departmental rules are so plagued, even against each other. Social reality level, relief order was confusing, and the main character is not independent of the civil service. Uniform Rules do not have been understanded by all parties, to fulfill the legal system of the civil service discipline relief system is very necessary relief actions. More noteworthy, the 2004 amendment to the Constitution clearly stipulates : "The State respects and safeguards human rights"; by the "Administrative Procedure", "Review", "State Compensation Law" also came to the revision, "civil service administrative discipline regulation,"has been passed in recently. It’s time to improve our system.Our advise is :implement the constitutional ideals of the protection of human rights, the introduction of principles of due process and legal reservations, establish independent and judicial committee to support administrative relief and establishs judicial review system.

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CLC: > Political, legal > Legal > Chinese law > Administrative law
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