论公务员的抵抗权

Research on the Right of Civil Servants to Resist

公务员在担当行政职责的同时,应享有相应的权利保障。我国公务员法第五十四条确立了全体公务员对于上级错误的决定或命令拥有抵抗之权利,但对于此种权利的行使边界、救济程序并未臻于完善。公务员抵抗权的研究需要从权利基础、权利边界以及权利救济等维度予以立体性的审视。同时,作为行政主体内部完善的有效保障,公务员抵抗权更需要来自立法层面、政策层面以及民众的正向关注。

Civil servants in the administrative duties to take on at the same time, should have the right to security, the 54th article of China＇s Civil Servant Law establishs a fight for all civil servants who facing the wrong decisions or orders from the higer level have the fight to resist. However, the exercise of the right boundary, including the relief program has not rounded development. The right of civil servants to resistance should study from the fight base, from the right border to the right to be three - dimensional relief, such as the dimension of the review. Meanwhile, as an effective protection improve of internal administrative body , the right to resist need more concerns from the legislative level, the policy level, as well as being concerned about people.