| dc.description.abstract | This thesis takes the Chief Justice′s Interpretation No. 785 as an example to discuss the rights relief system of civil servants in China, including the review and appeal procedures stipulated in Article 25 and Article 77 of the Civil Servants Protection Act, discuss the disputes arising from the current system, and refer to Germany, The rights relief systems for public servants in Japan and Japan are trying to find a solution that suits our national conditions.
The judicial practice of previous administrative litigation in our country has always been influenced by the interpretation intent of the Chief Justice′s Interpretation No. 187, No. 201, No. 243, No. 266, No. 298, No. 312, No. 323, and No. 338. If measures such as the status of civil servants are not changed, and the right to serve public office is not directly affected, it is the working conditions or management measures referred to in Article 77, Paragraph 1 of the Protection Law, and civil servants can only seek remedies in accordance with the appeal and re-appeal procedures. Common controversies in practice are the different standards for determining personnel administrative sanctions, and the limitation of non-personnel administrative sanctions for infringement. The Justice′s explanation of the Reasons for Claiming Case No. 785 ＂Prosecution of Public Servants′ Litigation Rights and Field Firefighters′ Duty and Overwork Compensation Cases＂ is quite representative of the breakthrough of the public servants′ rights relief system. The interpretation document reveals that ＂the key to whether a public servant can file an administrative lawsuit lies in the possibility of actual infringement, not in identity.＂ Therefore, if the rights of public servants are violated by administrative measures or working conditions, they can still receive relief. Overturn previous judges′ opinions.
However, the justices have opened up the scope of protection of civil servants′ litigation rights, and the standards for implementation in practice still need to be supplemented by the administrative court′s precedent. This thesis uses the German and Japanese civil servant relief systems as a reference to review the current identification standards of the re-examination targets, and proposes the amendment of appeals and re-appeal procedures to implement the protection of public servants′ rights. | en_US |