行政诉权——公务员权利的救济

The Remedy of Civil Servant's Right ——The Right of Administrative Action

公务员是国家行政管理活动的具体执行者。在传统理论中,其从属于行政机关,相应权利受到侵犯时也不享有司法救济的权利。这违背了法治的理念和原则。所以赋予公务员以行政诉权是人权保障的需要,也是依法治国的必然要求。

Civil Servant is the important executive in the administrative activities. According to traditional theories, Civil servant is completely subordinate to administrative department and has no right to ask for a judicial remedy when the related rights were violated. This violated the principle of the rule by law, Endowing civil servant with administrative action right is the demand of protecting human rights and managing state affairs legally.