The supervision over the management of national civil servants means that the people's governments at or above the county level and their personnel departments supervise the management of national civil servants employed by state administrative organs, correct the acts that violate the regulations on the management of national civil servants, and deal with the responsible personnel.
It is of the following significance to supervise the activities of state administrative organs in managing state civil servants.
1. The establishment of the supervision system is conducive to ensuring the effective implementation of the Provisional Regulations on State Civil Servants. Its establishment not only clarifies the various norms of national civil servant management, but also clarifies the legal responsibility for not implementing or violating these regulations, thus strengthening the seriousness of implementing the regulations and providing a strong legal guarantee for the correct implementation and enforcement of the regulations.
2, the establishment of the supervision system, can use the power of law to ensure the state administrative organs and relevant responsible persons to manage civil servants according to law, effectively prevent some leaders from violating the law and discipline, abusing their powers, and even take revenge on state civil servants to ensure that the legitimate rights and interests of state civil servants are not infringed.
Second, the basic content of national civil servant supervision
According to China's civil servant law, people's governments at or above the county level or personnel departments should supervise the management of national civil servants from the following aspects.
1. The recruitment, promotion, transfer and transfer of national civil servants who do not meet the establishment quota, specified post requirements and specified qualifications shall be declared invalid. The staffing quota set by the state administrative organs shall be determined by the state after scientific analysis of the functions and tasks of the organs according to the local economic development and population proportion and taking into account the actual situation. So it is not allowed to violate it at will, and people are overstaffed. In addition, after the implementation of the national civil service system, government agencies have clearly defined qualifications and job requirements for each post according to the nature, task, responsibility and difficulty of the work. The personnel department has the right to declare it invalid if it fails to hire, promote, transfer or transfer according to the prescribed qualifications and post announcement requirements.
2, in violation of state regulations, change the national civil service wages, pension insurance and other insurance and welfare standards, cancel its decision. Wages and salaries in state official duties are in line with the characteristics, status and role of labor, and are uniformly stipulated by the state, and no one may change them at will. The issue of wages is far from an economic issue of labor remuneration, but a political issue. Improper handling will affect national economic development and social stability. Therefore, the state administrative organs, mainly the personnel departments, have the right to supervise the implementation of the national civil servants' wages, pension insurance and other insurance and welfare treatment standards, and if any violator is found, revoke its decision and correct it.
3. Those who fail to employ, appoint, dismiss, assess, reward and punish national civil servants according to the prescribed procedures shall be ordered to re-apply or go through the relevant formalities according to the prescribed degree. There are legal procedures for the recruitment, appointment, dismissal, assessment, reward and punishment and dismissal of state civil servants. This procedure is neither redundant nor dispensable, but a situation in which civil servants exercise their legal rights thoroughly, strictly and accurately. Therefore, it is very necessary to supervise civil servants to act according to legal procedures.
In addition to supervising the implementation of the Regulations, the people's governments at or above the county level and their personnel departments also have the right to criticize and educate state civil servants who are mainly or directly responsible for violating the Regulations, or give administrative sanctions such as warning, demerit, gross demerit, demotion, dismissal and expulsion.
The supervision mechanism of China's civil service system consists of rights, obligations, punishment, withdrawal, complaint and accusation, and legal responsibility management. The protection mechanism of civil servants' rights and interests is not perfect, and civil servants' complaints and accusations lack appropriate relief channels and effective handling mechanisms. According to incomplete statistics, since the implementation of the complaint system, personnel departments at all levels have accepted more than 300 complaints from civil servants, of which 20% have made a decision on handling complaints and appeals, and revoked or suggested revoking the original decision. The supervision of civil servants at all levels has not been fully put in place, especially the supervision of leading members and civil servants engaged in front-line administrative law enforcement.
It is the basic idea to improve the supervision mechanism to strengthen the supervision of civil servants and further protect their legitimate rights and interests. A civil servant is a person who performs state official duties. They must be loyal to the Constitution and laws, to the country and to their duties. This is their legal obligation. Civil servants are the minority who manage the majority and must accept supervision. Civil servants are public servants of the law, and it is their legal right not to be dismissed, demoted, expelled or disciplined except for legal reasons and procedures.
First, civil servants are implementing the decisions or orders of their superiors.
New provisions have been made on rights and obligations.
It is the duty of civil servants to obey and carry out the decisions or orders made by superiors according to law. However, in order to prevent the implementation of illegal or wrong decisions and orders of superiors, causing irreparable heavy losses to public interests or citizens' legitimate rights and interests, civil servants have the right to put forward rectification opinions; For the execution of obviously illegal or wrong decisions and orders, civil servants themselves should bear corresponding responsibilities to enhance their sense of responsibility. Article 54 of the Civil Service Law stipulates: "When performing official duties, a civil servant thinks that the decision or order of a superior is wrong, he may put forward opinions to the superior to correct or cancel the decision or order. If the superior refuses to change the decision or order, or demands immediate execution, the civil servant shall execute it, and the consequences of execution shall be borne by the superior, and the civil servant shall not bear the responsibility. However, if a civil servant executes a decision or order that is obviously illegal, he shall bear corresponding responsibilities according to law. "
Second, part-time civil servants.
Stricter regulations have been formulated.
First of all, Item 14 of Article 53 of the Civil Service Law stipulates that civil servants shall not "engage in or participate in profit-making activities and hold concurrent positions in enterprises or other profit-making organizations". This is one of the 16 disciplines that civil servants must abide by, otherwise they will be punished. Compared with 1993 Provisional Regulations on State Civil Servants, the regulations are more stringent.
Secondly, Article 42 of the Civil Service Law stipulates that "if a civil servant takes a part-time job outside the office because of work needs, he shall be approved by the relevant authorities and shall not receive part-time remuneration." Civil servants can hold certain positions in institutions and social organizations because of their work needs, but they must be approved by relevant departments to prevent excessive abuse. For the sake of integrity, part-time jobs are not paid concurrently.
Three, the establishment of civil servants below the provincial level
Secondary appeal system
Complaints and accusations belong to the internal supervision and error correction mechanism of organs. Article 90 of the Civil Service Law stipulates: "If you are dissatisfied with the decision made by the organ below the provincial level, you can appeal again to the organ at the next higher level that made the decision." That is, change the first-level appeal system into the second-level appeal system. The competent departments of civil servants' complaints at the same level mainly refer to the organizational departments and personnel departments at the same level. The organ at the next higher level refers to the organ that can change or cancel the decision of the original handling organ. The two-level appeal system gives civil servants more opportunities to appeal, and the superiors will consider the decision more carefully. This will also make China's civil servant rights protection system more effective.
Four. Re-employment of civil servants after leaving their posts
Made restrictions
Article 102 of the Civil Service Law stipulates that "a resigned civil servant or a retired civil servant who has been a leading member shall not work in an enterprise or profit-making organization directly related to his original job within three years after leaving office, and other civil servants shall not engage in profit-making activities directly related to his original job within two years after leaving office." Countries with mature civil service system have relevant provisions in civil service law or civil service ethics law. In recent years, the phenomenon of civil servants' power optionalization has appeared from time to time. During his tenure, he used his position power and position influence to help business-related units make profits in land, project approval, sale of state-owned assets and coordinated financing. , and did not seek immediate returns. After resigning from public office or retiring, go to relevant institutions to realize their own interests. Sometimes, futures benefits are mixed with the legitimate income of enterprises, avoiding the supervision and investigation of relevant departments. This is a new form of power and money transaction. Therefore, although civil servants no longer have the legal status of civil servants after resignation or retirement, and have no working relationship with the organs, the re-employment behavior within a certain period of time after leaving office should be subject to necessary restrictions.