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The Discussion on the Legitimacy of Public Selection for Leading Posts of Civil Servants in Xintai, Shandong Province

Author: SunZuoZuo
Tutor: YeBiFeng
School: Shanghai Jiaotong University
Course: Administrative Law
Keywords: public servant promotion bypass the immediate leadership legal requirements information disclosure exam selection procedure
CLC: D922.1
Type: Master's thesis
Year: 2011
Downloads: 35
Quote: 0
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Abstract


The public selection for leading posts of civil servants in Xintai, Shandong province caused dispute in society. The paper discussed three disputed points of the event, including the qualifications, the personal information disclosure and the exam selection procedures of those promoted staff. In the qualifications, the paper analyzed its legality of promotion bypass the immediate leadership from their working experience, working ability and political quality. The result is that the discretion program is legal while the important element of working experience is illegal. Due to the lack of discretion benchmark, we cannot judge the rationality of public’s question on working experience or political quality requirements. The information of family background and working experience is protected as the right of privacy. However, since civil servants have public power, it’s necessary that laws such as Civil Servant Law make mandatory terms for the open of civil servants’private information. In the exam elected procedure, there’s illegal element in Xintai. It’s reasonable for the public demand on making exam elected procedure open. Thus, we can conclude in three points. First, civil servants in appointment system cause more controversy than those in selection system. The system of People’s Congresses which is like a buffer, effectively reduces debates. When civil servants are appointed, the government will face the public and the society directly. Second, orderly public participation needs the guide of more legal norms. Third, the system needs to be improved while the public’s right to know and the civil servants’right of privacy are involved within conflict.

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