Civil Servant Law of the People's Republic of China Study Guide

Author: Hou Tongshan
Publisher:
Publish Date: 2005-05-01
Features: Compared to the Provisional Regulations on Civil Servants, the Civil Servants Law has made significant revisions and developments. First, it has adjusted the scope of civil servants. The Provisional Regulations on Civil Servants defined civil servants as staff members in national administrative organs except for manual workers. The Civil Servants Law has made adjustments in this regard, stipulating that civil servants are personnel who legally perform public duties, are included in the national administrative (cadre system), and have their salaries and benefits covered by the state budget. Second, it has improved the classification system for civil servants. The Provisional Regulations on Civil Servants did not include provisions for classifying civil servants, whereas the Civil Servants Law specifically details civil servant positions in Chapter 3, distinguishing them into comprehensive management, professional technology, and law enforcement categories, and stipulating that the State Council may establish new position categories as needed when conditions are mature. Third, it has established a position contract system. The Provisional Regulations on Civil Servants also stipulated a contract system for certain positions but did not provide further detailed regulations, so it was never implemented. The Civil Servants Law dedicates a chapter to explicitly defining the scope and management methods for contracted civil servants. In addition to these major revisions and developments, the Civil Servants Law has made some degree of modification and improvement to almost every provision of the Provisional Regulations on Civil Servants. To help civil servants study, understand, and master the Civil Servants Law, correctly fulfill their duties, abide by disciplinary regulations, and safeguard their legitimate rights and interests, an interpretation of the Civil Servants Law has been provided on a provision-by-provision basis. This serves as a reference book for civil servants to study the Civil Servants Law.