Duality of the civil service system, the rule of law - administrative law and constitutional dimension (3)

 Liu Junxiang problem: how to understand the civil and constitutional function of the constitutional property?
Third, China's civil service system, the dual rule of law
the process from the rule of law, China has gone through a civil service system system based civil service system
from 1949 to 1993, the promulgation of , as a cadre and personnel system for the management objects, mainly based on the policy of the party and the state to manage. Although the formulation and implementation of a number of legal norms, but overall, or a policy-based personnel system or policy-based civil service system.
founding of New China, through the Constitution, the Organic Law and the relevant legal norms and policies, on the cadre and personnel system also made a number of principles and basic provisions, such as the Constitution of the Republic, Organization Law Interim Measures great guidance and protection. Moreover, with the deepening of economic reform, socialist democracy and legal construction progress, the country's political and administrative reform launched the reform of the cadre and personnel system, in the 20th century also proposed to establish 80 In 1987 the State Civil Service held a formal Thirteenth CPC made the decision to establish the national civil service, the following year in April the Seventh National People's Congress held a meeting to further clarify the need to establishment of to create conditions for the implementation of the rule of law and basic.
Even so, during this period of our civil service system or policy of cadre and personnel system is still based, in general, has shown a management system is not perfect, employing a lack of rule of law, rely mainly on policies and regulations The basic features and fundamental flaw. This is mainly as follows: (1) ideas, the main concept of the rule of man or the legal system. selecting and appointing cadres, often a person or several people's subjective will, by the leaders of the individuals that the operator. evaluation, promotion of cadres from the personal impressions of departure or from personal likes and dislikes, personal grudges, personal feelings off, there is no objective, fair and open legal standards, procedures and systems. (2) the main follow the party cadre and personnel work and the state's policy specification. overall personnel administration does not attach importance to the rule of law, the concept of the rule of man prevails, resulting in the basic aspects of personnel administration and the major issues could not follow, out of nowhere, there is no national agency staff or staff of the Basic Law, the state administrative organs. (3 ) even developed a number of regulations, rules, and only limited personnel administration lax enforcement of the phenomenon of impunity is widespread. (4) laws and regulations on personnel administration, rules, etc., is not systematic, are special in nature, mostly in the , random. and, not timely modify or develop new legal norms. (5) Although the sessions of the reform, opening up and development of the national legal system, and continuously improve the personnel administration system for the civil service law formulation and experimental work, but still did not overcome the fundamental shortcomings of this policy-oriented.
(b) of the Administrative Law Civil
type 80 in the 20th century after the civil service legislation, pilot projects and construction work on the basis of , August 1993, the State Council promulgated the of the Republic Civil Law formulated the and policy, and so on. However, as general rules for civil service management or the Basic Law, the the staff. development and improvement of the system, namely, rule of law and the institutionalization of civil service management and the rule of law, access to a number of developments. such as (1) civil service management more standardized and scientific legislation. This is mainly as follows: staff forecasting and planning legislation to the attention and won strengthened; enhance the role of staff awareness of legislative functions; personnel legislation gradually standardized; established personnel rules and regulations of the clearing system. (2) regulatory system. This is first in the all aspects of civil service management, all aspects of supporting laws and regulations, implementing rules or regulations, constitutes a relatively complete legal system for civil servants. Second performance of all our government agencies and departments are to establish a unified civil service system, the implementation of a unified civil law system. Last performance for our country in the central and local governments have implemented a civil service executive legal system, there is no separate place to establish Western-style civil service system. (3) the specific system of civil service management have been established, continuously improve the implementation of and played an important role, and so on.
respect the rule of law in the administration, civil service system in China following the formation of some of the features. (1) Policy with the norms and legal norms play an important role. of the rule of law in civil service management must be leadership of the Party, it is bound to implement the party's line, principles and policies, therefore, should regulate the party's policy of civil service management. Moreover, a large-scale changes in our society is in the era of the civil service system is in the creation period, the degree of rule of law in civil service management is relatively low, therefore, countries have to use policy to adjust, regulate and protect civil servants. This is our specific national conditions and characteristics of the decision. (2) substantive standards and procedural norms combine . China's civil service management are generally the entity of the legislative norms and procedural norms stipulated in a legal norm, issue regulations, such provisions of both entities, there are procedural, operational, to take substantive standards and procedural norms of the legislation combined, which makes rules easier to grasp and implement. For example, the employment examination, assessment, discipline, resignation and dismissal provisions are particularly significant. meet the needs of China's reform and opening up, continuing to explore the instability brought about by the change. Meanwhile, in order to meet the civil service system innovation as start-up period of uncertainty. of civil service management legislation would also combine principle and flexibility. important principles concerning the civil service and reform direction and content of universal significance, detailed provisions as far as possible and maintain relative stability. but for some exploration of the problem, the principle requirements. In this way, can maintain the relative stability of regulations nature, to preserve its legal authority, but also flexible, because due to be complements.