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放眼当今世界,随着现代法治建设的脚步,各国纷纷将司法救济权纳入到公务员权益救济手段中,而我国立法者却把公务员寻求司法救济的途径截断,致使我国公务员在其权益受到侵害或不公正对待时,无法得到全面的救济,这有悖于“有权利必有救济”的现代法治理念,本文则是尝试在我国构建公务员权益保护的司法救济制度。
Looking at the world today, with the pace of building the modern rule of law, all countries have incorporated the right to judicial relief into the means of relief for civil servants’ rights and interests. However, Chinese legislators have truncated the way civil servants seek judicial remedies, resulting in the civil servants in our country being violated or not When dealing fairly, we can not get a comprehensive remedy, which runs counter to the modern concept of the rule of law in which “there is a right and there must be a remedy.” This article attempts to establish a system of judicial remedies that protects civil servants’ rights and interests in our country.