我国公务员权利保障法律制度研究
发布时间：2018-08-21 10:48
【摘要】：公务员群体是一个特殊群体，他们兼具普通公民与国家机关工作人员的双重身份——既要求自己的一般公民权利得到保护，同时又意味自己代表国家行使权力时自己权利的让渡与同一。通常我们很难想象公务员的权利会受到侵害，更难以想象当其受到侵害时会得不到很好的救济（毕竟公务员属于国家工作人员，属于“强势群体”）。 公务员权利并不是指其作为“公民”身份享有的一般、普遍权利，而是特指其作为“公务员”享有的诸如调职、升迁、辞职等人事权利或者自己在工作中的诸项合法权益。现实中，对公务员此等权利的侵害时常发生，但经常因为“加害人”就是自己的上级机关和领导，多数公务员往往出于各种考量，在向上级表示疑问或不满无果后“忍气吞声”，甚至还有小部分选择全盘接受。因而其权利被侵害具有相当的隐蔽性；另外，处理上虽然有法律和行政法规的基本规定，但规定并不细致，实际操作上也属于行政机关内部程序，一般难以通过通常的司法救济途径行使，形式公正与实质公正都不能得到保障。 随着我国公务员制度的不断发展和成熟，以及近期中央对公务员的一些权益性制度出台了更为严格的限制措施。因此，对公务员群体的权利保障愈发显得重要。我国公务员根据其分类的不同，其保障方式也不尽相同，但主要以国家机关系统内部的申诉、控告救济为主。本文拟就我国现行公务员权利保障及其相关法律问题和法律制度设计加以阐述并提出建议。
[Abstract]:The group of civil servants is a special group that has the dual identity of both ordinary citizens and State officials who demand the protection of their general civil rights, At the same time, it also means that the transfer of their rights on behalf of the state is the same. It is often hard to imagine that civil servants' rights will be infringed, let alone that they will not get very good relief when they are infringed (after all, civil servants belong to state functionaries, they belong to "powerful groups"). The rights of civil servants do not refer to their general and universal rights as "citizens", but refer to their personal rights as "civil servants", such as transfer, promotion, resignation and so on, or their legitimate rights and interests at work. In reality, violations of these rights of civil servants often occur, but often because the "perpetrators" are their own superior organs and leaders, most civil servants are often motivated by various considerations. After expressing doubt or dissatisfaction to superiors, they "swallow it" and even choose to accept it completely. Therefore, the infringement of their rights is quite hidden; in addition, although there are basic provisions of laws and administrative regulations, the provisions are not meticulous, and in practice they also belong to the internal procedures of administrative organs. Generally, it is difficult to exercise through the usual judicial remedy, form justice and substantive justice can not be guaranteed. With the continuous development and maturity of the civil service system in our country, the central government has recently introduced more strict restrictions on the civil servants' rights and interests. Therefore, the protection of the rights of civil servants becomes more and more important. According to the classification of civil servants in our country, the way of protection is not the same, but mainly in the appeal of the internal system of state organs, and mainly in the complaint relief. This paper expounds and puts forward some suggestions on the protection of civil servants' rights in our country and its related legal problems and legal system design.
【学位授予单位】：辽宁大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.1;D925.3;D922.1
本文编号：2195468
[Abstract]:The group of civil servants is a special group that has the dual identity of both ordinary citizens and State officials who demand the protection of their general civil rights, At the same time, it also means that the transfer of their rights on behalf of the state is the same. It is often hard to imagine that civil servants' rights will be infringed, let alone that they will not get very good relief when they are infringed (after all, civil servants belong to state functionaries, they belong to "powerful groups"). The rights of civil servants do not refer to their general and universal rights as "citizens", but refer to their personal rights as "civil servants", such as transfer, promotion, resignation and so on, or their legitimate rights and interests at work. In reality, violations of these rights of civil servants often occur, but often because the "perpetrators" are their own superior organs and leaders, most civil servants are often motivated by various considerations. After expressing doubt or dissatisfaction to superiors, they "swallow it" and even choose to accept it completely. Therefore, the infringement of their rights is quite hidden; in addition, although there are basic provisions of laws and administrative regulations, the provisions are not meticulous, and in practice they also belong to the internal procedures of administrative organs. Generally, it is difficult to exercise through the usual judicial remedy, form justice and substantive justice can not be guaranteed. With the continuous development and maturity of the civil service system in our country, the central government has recently introduced more strict restrictions on the civil servants' rights and interests. Therefore, the protection of the rights of civil servants becomes more and more important. According to the classification of civil servants in our country, the way of protection is not the same, but mainly in the appeal of the internal system of state organs, and mainly in the complaint relief. This paper expounds and puts forward some suggestions on the protection of civil servants' rights in our country and its related legal problems and legal system design.
【学位授予单位】：辽宁大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.1;D925.3;D922.1
【参考文献】
相关期刊论文 前6条
1 薛虹;公务员申诉控告制度与相关制度之比较[J];中国公务员;1999年08期
2 莫天明;论我国公务员申诉控告制度之完善[J];湖南公安高等专科学校学报;2004年05期
3 任静远;我国公务员权利可诉性初探[J];求是学刊;2002年03期
4 姜晓萍,马凯利;我国公务员绩效考核的困境及其对策分析[J];社会科学研究;2005年01期
5 金国坤;论公务员权利保障制度的完善和发展[J];北京行政学院学报;2005年05期
6 李锐;中国公务员的非政治中立性与人民性[J];行政与法(吉林省行政学院学报);2004年08期
，本文编号：2195468
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