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On the China’s Improvement of Civil Servant Resistance Right

Author: XuZuo
Tutor: ZhouShi
School: Northeastern University
Course: Constitutional and Administrative Law
Keywords: Civil Servant’s right of resistance Guarantee before the event Guarantee on the present Guarantee after the event
CLC: D922.1
Type: Master's thesis
Year: 2009
Downloads: 36
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Abstract

The China’s Civil servant system is ranking clearly and has hierarchical structure; obedience is the basic principle of the system. However, if superior’s order violates the law, lower civil servants are not allowed to obey the orders under the principle of rule of law. Therefore, we need consider a problem carefully, what civil servant should do if the superior insist in making the lower civil servant carry out the illegal order. Solution of the problem needs entrust civil servant with right of resistance. Civil servant’s right of resistance means in order to maintain the Constitution and law’s dignity, avoid public interest’s loss and bear the responsibility because of blindness obedience, civil servant has the right to make suggestions to wrong decisions and orders, and refuse to carry out the decisions and orders which are obviously illegal. However, the principle provision is not enough if we want to make the civil servant’s right of resistance exert its supposed effect. We have to clarify some concepts and make the specific and feasible detailed rules in order to ensure the right’s excise.This paper consists of three parts:the introduction, body, the conclusion.The introduction is part of the first Chapter, largely on the background and significance of research, literature review, research methods and innovation.Chapter II is the basic theory of the civil servant’s right of resistance, including the content of the resistance right, the legal attributes of the law, the main scope of the resistance right. Chapter III, we need to guarantee the right of resistance before the event. Guarantee in advance mainly means clarify the specific rules of resistance right’s excise. Through the analysis of the deficiencies, aimed at these deficiencies, the article perfect the specific rules of excise the resistance right by drawing on foreign experience. Chapter IV, we need to guarantee the right of resistance on the present. Guarantee on the present mainly refers to perfecting the procedure. Chapter V, we need to guarantee the right of resistance after the event. Guarantee afterwards refers to relief approach when civil servant suffers disadvantage treatment after he excises the right of resistance.The conclusions is part of Chapter VI, pointing out the content and limitations of the paper, emphasizing the requirement of the further studies of the civil servant’s right of resistance.In short, the paper that goes at the basis existed, through further profound and systematic study to combine reality endeavors to contribute for the civil servant’s right of resistance.

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