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People Rights’ Remedy Research in Civil Servants Examinations System of Our Country

Author: LiuXueFei
Tutor: LiuYi
School: Southwest University of Political Science
Course: Legal
Keywords: civil servants examinations system civil rights remedy ways
CLC: D922.11
Type: Master's thesis
Year: 2011
Downloads: 47
Quote: 0
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Abstract


Civil servants examinations system is an important human resources management system in our civil servants management system. It controls the access to civil servants team which has crucial significance to civil servants team’s purity and ability. In the course of civil servants examinations system, there are different kinds of cases which are infringing people’s rights; however, our current relief ways have their defects so that people rights’protection is not abundant in this special area. With the developing of legal society people’s requirements to rights protection become higher and higher. Whether providing effective protection to people rights is a criterion to evaluate a country’s legal status and protecting people rights become more important. This paper uses some research methods such as comparative analysis method, induction and deduction method, case investigation method. This paper stands on the status of infringing people rights, arises some suggestions to perfect relief ways, and it has important significance.This paper has divided into four parts:Part one: introduces the basic conception of civil servants examinations system. This part simply analyzes the conception and property of the civil servants examinations system, and introduces the formation and developing of the theory of“special power relations”, from different countries’amendment to this theory, it can be seen that this theory should be treated objectively; and it will be helpful to the development of our administrative law.Part two: analyzes people rights and relief ways. This part introduces and analyzes people rights according to constitution and administrative law, and interprets the relationship between rights declare and rights remedy, and analyzes rights remedy and indicates its value.Part three: introduces the status of infringing rights in civil servants examinations system by using current cases, and analyzes our current Non-lawsuit relief system and lawsuit relief system, and points out their detects.Part four: arises some consummate suggestions to our remedy system. In the foundation of infringing rights status, from two aspects of non-lawsuit and lawsuit putting forward some suggestions to perfect people rights remedy system. This paper suggests building administrative appeal system, and expands the scope of acceptable cases of administrative reconsideration. This paper arises some amendment suggestions to the scope of acceptable cases.

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