Ever since the adoption of the reform and opening-up policy some 30 years ago, especially since the beginning of the 21st century, China has been actively promoting reform in public administration and a civil servant administration system with Chinese characteristics has been established on the basis of drawing from useful experience of western countries. Its experience mainly includes:
I Focus on standardized rules and regulations to promote law-based duty fulfillment and scientific administration
The Civil Servant Law defines the scope and basis of civil servant administration. It is formulated in accordance with the Constitution of the People’s Republic of
The Civil Servant Law defines the principles and contents of civil servant administration. The Civil Servant Law stipulates that civil servants administration should follow the principle of openness, equality, competition and selecting the superior ones, should be carried out pursuant to the legal power limits, qualifications, standards and procedures and should adhere to the principle of paying equal attention to supervisory restrictions and incentive guarantees. The Civil Servant Law covers all the links of civil servant recruitment, management and dismissal and every aspect of a civil servant’s public career is provided for in a comprehensive manner including employment, assessment, appointment and dismissal, promotion and demotion, reward, government discipline punishment, training, intercommunication, avoidance, resignation and dismissal, salary, welfare and insurance, retirement, appeal and accusation and appointment.
The Civil Servant Law defines
The Civil Servant Law defines the fundamental requirements and intrinsic nature of civil servants administration. Civil servants’ activities of fulfilling duties according to law are under legal protection. The Civil Servant Law not only stipulates the basic principles, basic systems and basic measures of civil servant administration, but also clarifies the rights and obligations of civil servants, the organizations of administration, and related legal liabilities. Through clearly defining the essential aspects of civil servant administration, the Civil Servant Law provides the solid foundation for the administration of civil servants in a scientific and law-biding manner.
II Focus on institutional innovation to prevent illegitimate manipulations of civil servant selection and appointment
The Civil Servant Law has scored much reformative and innovative progress in terms of improving the civil servants administration system and related mechanisms.
The Civil Servant Law establishes the mechanism of succession by providing for the recruitment and dismissal of civil servants. For instance, it stipulates that citizens can become civil servants through public examinations, a constitutional right equally bestowed upon every one. It is also stipulated that all the civil servants should be recruited through examinations, which contributes to the effective prevention of certain malpractices in public servants selection. During the past five years since the implementation of the Civil Servant Law, a total of 11.77 million people have participated in public examinations and 620,000 of them have been selected as civil servants.
The Civil Servant Law establishes the mechanism of competition. It is stipulated that recruitment of beginning public servants must follow the principle of open examination, strict assessment, competition on an equal footing and selection by merits and that candidates to be promoted to a leading position within the same public organ shall be selected through competitive post bidding. For certain post vacancies, candidates may be selected through an open selection from the society. The introduction of the mechanism of competition effectively increases the transparency of public servants selection and prevents varied forms of illegitimate manipulation.
The Civil Servant Law establishes the mechanism of protecting the rights and interests of civil servants. The Civil Servant Law stipulates that civil servants enjoy eight rights including participating in trainings, provides for the system of launching an appeal or accusation, the arbitration system for personnel disputes of contracted civil servants, and the system of salary, welfare and insurance for civil servants, and establishes the four circumstances where civil servants cannot be dismissed. All these reflect the importance that the state attaches to the protection of civil servants’ rights and interests.
The Civil Servant System establishes the mechanism of supervision and restraint by providing for the nine obligations of civil servants including exemplarily abiding by the Constitution and laws, 16 disciplines that civil servants should not violate, and systems of assessment, punishment, dismissal, voluntary resignation and forced resignation, all combined to strengthen institutional supervision over civil servants. The establishment of such systems such as responsibility investigation, resignation and dismissal greatly strengthens the administration and supervision of civil servants.
III Focus on supervisory and restraining measures to promote open and transparent operation of public power and clean governance
In recent years,
Consolidated efforts are devoted to ensuring the proper exercise of public power. The Law of the People’s Republic of China on the Supervision of Standing Committees of People’s Congresses at All Levels enacted in 2007 strengthened the supervisory role of those committees in the form of law over the administrative, judicial and procuratorial powers of the people’s governments, people’s courts and people’s procuratorates at corresponding levels. Also enacted are the Law of the People’s Republic of China on Administrative Supervision, Audit Law of the People’s Republic of China, Administrative Reconsideration Law of the People’s Republic of China, Administrative Procedure Law of the People’s Republic of China to establish the systems of administrative supervision, audit supervision, administrative re-consideration and administrative procedure to strengthen supervision over the administrative organs and their staff.