试论公务员受到惩处后的司法救济

Judicial Assistance of the Functionary Who Has Been Punished

随着《国家公务员法》立法构想的提出,进一步规范和完善我国的公务员制度,进而促进政府机关人事管理的科学化、法制化已成为依法行政的重要环节。但囿于特别权力关系理论的影响,内部行政行为排除司法救济至今仍未有动摇的迹象。如何在加强公务员内部管理的同时,顺应法制发达国家和地区在此领域做出的改变,为公务人员提供更为完备的救济途径,以切实保障其基本权益的实现,应成为此次《国家公务员法》寻求的突破点。

Since the prospect of the Law on Functionary,the further regulization and perfection of the functionary system have become the main body of administration according to law,in order to push the reform of personnel department of the government scientifically and lawfully.However,because of the influence of the special rights relation theory,the exclusion of judical assiatance in the inner administration behaviors has never been changed. How can we strengthen the inner management of the functionaries in order to suit those countries and areas which enjoy advanced law systems and to provide the functionary with more complete judicial assistance?In that case,the basical and fundamental rights are secured,and those must be the break through of the Law on Functionary.