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Problems of Civil Servants Engaged in Business Activities

Author: LiuXi
Tutor: TanQiPing
School: Southwest University of Political Science
Course: Legal
Keywords: Civil service business Validity of the contract Legal mechanisms
CLC: D922.11
Type: Master's thesis
Year: 2011
Downloads: 46
Quote: 0
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Abstract

The building of a harmonious society is the inevitable trend of development of the times, the building of a harmonious society smoothly or not, have a direct link with the government and public servants at all levels of administrative behavior is good or bad. In the Civil Law clearly stipulates the national officers do not get any economic benefits through part-time, and may not hold concurrent positions in businesses or other for-profit organizations. But in real life, there is undoubtedly increased the potential of national civil servants outside the part-time from many vivid examples can be seen that the civil service part-time will not only affect their own work, but also disrupted the market order, easily lead to corruption, the impact of the government's credibility. The purpose of this article is that by understanding, combined with the provisions of the state civil service part-time, and the condition of our country, the road to explore a better solution of the problem of the civil service part-time for this stage to further improve our Analysis of the current situation as well as the causes of the national civil service part-time; civil service system, and enhance the quality of civil servants, and maintain a national civil honest and diligent good style and put an end to all kinds of corruption has a very important significance. The text is divided into three parts. First, the basic facts of the case and the issues of the dispute. This section focuses on the common shares with his wife during as S County Court Judge Zhang coal mine and related law prohibits continue to maintain this relationship in the context of civil servants doing business in the state has adopted the shares during the period, as a result of the bonus dispute Zhang and his wife sued the coal mines party to court, asking the court to order the defendant coal mine side benefit caused by the loss of 1100 million bonus and overdue payments. Second, the controversial issue. This section is mainly the case of the two controversial issues. The first controversial point is whether the investment behavior of public servants should get legal support. Explore this controversial point mainly includes three aspects, namely the the several social point of view of the civil service part-time, the countries concerned of the relevant provisions of the civil service part-time and how to deal with civil service business behavior; second controversial point is the business of public servants signed how to identify the validity of the contract. Investigate this controversial point mainly include two aspects, namely the validity of the contract identified in the trial court, how to identify the validity of the contract, which is how to identify the validity of the contract aspects mainly related to the eligibility of the body of the contract, the legitimate rights of the shares of funds and signed contract illegality three points. Third, the thinking on the specification of the problem of the civil service part-time system. This section mainly part-time on the current civil service this grim social issues put forward several proposals, the main recommendations include: to strengthen the supervision and management mechanism for the civil service legislation; improve the property declaration system of civil service legislation; improve the overall quality of the civil service; improve the incentives in the civil service legislation.

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