Civil service law revised draft: non leadership expression deletion

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 Civil service law revised draft: non leadership expression deletion


The civil service law, which has been implemented for 12 years, has made important adjustments. In November 1st, the revised draft civil service law was unveiled on the Internet of the NPC. In contrast to the existing civil service law, the draft has deleted the expression of non leading posts.

The existing civil servant law has been implemented since 2006. In order to implement the requirements of the Party Central Committee on the reform of the parallel system of civil servantsposts and ranks and to further promote the reform of civil servants classification, the Chairmans Meeting of the Standing Committee of the National Peoples Congress put forward a proposal to submit for consideration the draft amendment of the Civil Servants Law. At the 6th meeting of the 13th Standing Committee of the National Peoples Congress last week, Shen Chunyaozuo, Director of the Law and Industry Committee of the Standing Committee of the National Peoples Congress, gave a statement on the draft. In November 1st, the draft began soliciting opinions and soliciting opinions for a period of January and ending December 1st.

Comparing with the current civil servant law, the draft incorporates the scientific outlook on development and Xi Jinpings socialist thought with Chinese characteristics in the new era into the general principles, specifies the guiding ideology that civil servant work must adhere to for a long time, and stipulates that the civil servant system should adhere to the leadership of the Communist Party of China and adhere to Marxism-Leninism, Mao Zedong Thought and Deng Xiaoping Theory Guided by the important thought of the Three Representatives, the scientific outlook on development and Xi Jinpings socialist thought with Chinese characteristics in the new era, we should implement the basic line of the primary stage of socialism, the organizational line of the Communist Party of China in the new era and adhere to the principle of the Party in charge of cadres.

In addition, the draft readjusts and improves the relevant provisions of civil servantspositions, ranks and classified management, amends the title of post and rank in Chapter III of the current Civil Servants Law to post, rank and rank, and adjusts the setting of leading post and non-leading post in the current Civil Servants Law to leading post and post. Level , and set the principle of setting. In addition, according to the Supervisory Law, the newly revised Regulations on Disciplinary Disciplines and the relevant provisions on the management of Party and government leading cadres, the provisions on rewards and punishments for civil servants have been added.

focus

Deletion of non leadership positions? Concurrent duties and ranks

The existing civil servant law stipulates that civil servants duties are divided into leading positions and non leading posts. Leadership positions are divided into: national official, national deputy, provincial or ministerial official, provincial or ministerial official, department or bureau official, department or bureau official, County official, County official, Township official and township official. The levels of non leading posts are set below the office level. The non-leading positions in the comprehensive management category are divided into: inspector, deputy inspector, investigator, deputy investigator, chief section member, deputy director section member, section member and clerk.

The draft amends the above-mentioned provisions as follows: the State shall set up the leading posts and ranks of civil servants according to the categories and responsibilities of civil servants. The rank of civil servants is set up below the office level. There are four levels and twelve levels in the rank of comprehensive management civil servants: first-level inspectors, second-level inspectors, first-level investigators, second-level investigators, third-level investigators, fourth-level investigators, first-level directors, second-level directors, third-level directors, fourth-level directors, first-level officers and second-level officers.

As for the level of leading positions, the draft is the same as the current civil service law. It still stipulates that the level of leading positions can be divided into: national official, national deputy, provincial or ministerial official, provincial or ministerial official, office or bureau official, office or bureau official, County official, County official, Township official and township official.

In line with the above amendments, the draft also makes adjustments to the appointment, removal and promotion of leading posts and ranks. It clearly stipulates that civil servants should be promoted to the ranks according to their personal morality, talent performance and qualifications, referring to democratic recommendation or democratic evaluation results, and after being publicized, they should be examined and approved in accordance with their administrative authority. If a member is determined to be incompetent in the annual assessment, he shall be reduced to a post or rank according to the prescribed procedures.

Zhu Lijia, a professor at the State Administration College, told reporters in the Beijing News that the above-mentioned amendments reflect the principle of parallel rank and position of civil servants. A parallel system of civil service posts and ranks was introduced in the third Plenary Session of the 18th CPC Central Committee. Prior to this, parallel civil service positions and ranks has been piloted in some regions and units for more than a year. This draft adjusts the setting of leading posts and non-leading posts in the current civil service law to leading posts and ranks, and no longer sets up the sequence of non-leading posts. It shows that the reform in the pilot areas is mature and the reform experience needs to be consolidated through legislation.

Zhu Lijia explained that before that, the only way for grass-roots civil servants to improve their treatment was to promote their positions, which is commonly known as promotion. The parallel position and rank of civil servants is to separate and decouple the position and rank. For example, the deputy department level does not mean that the deputy department level leader, but the salary is equal to the deputy department level. Therefore, the parallel position and rank of civil servants is equivalent to the double ladder system of promotion, which breaks the ceiling of difficult promotion of grass-roots civil servants. Even if grass-roots civil servants do not step into leading positions, they can also be promoted through ranks to reflect their value.

Other modifications

No omission into prohibited disciplinary provisions

Chapter 9 of the current Civil Servants Law, Punishment, provides 16 types of prohibitive disciplines, that is to say, civil servants must abide by disciplines, no such acts.

On this basis, the draft amends Chapter 9 of the current Civil Servants Law to Supervision and Punishment, adds provisions on strengthening supervision of civil servants, and clearly states that the organs should supervise the ideological and political situation of civil servants, the performance of their duties, the performance of their style of work and the observance of discipline, carry out education of diligence and integrity, and establish daily life. Management and supervision system. The problems found in supervision should be distinguished from different situations, and should be reminded by conversation, criticized and educated, ordered and inspected, admonished and encouraged, organized and handled, and punished. Civil servants should consciously accept supervision, ask for reports and report personal matters in accordance with the relevant regulations.

The draft also adds to 16 categories of prohibitive disciplines such as violating the national and religious policies of the state, undermining national unity and social stability, inaction, violation of family virtues.

At the same time, the draft also revised the situation of resignation and ordered the resignation.

In the case of job evasion, it is stipulated that civil servants shall not serve as leading members in the industry supervision or competent departments of enterprises, profit-making organizations run by their spouses, children and spouses.

The current Civil Servant Law stipulates that a leading member shall resign due to blame or for other reasons that are no longer suitable for the current leading position, and if he does not resign himself, he shall be ordered to resign from the leading position. The draft amends this as follows: if a leading member is no longer suitable for the current leading position for other reasons, or if he or she should resign without resigning himself, he or she shall be ordered to resign from the leading position.

In addition, the draft also reflects the relevant requirements of civil service classification management and civil service appointment system reform. The existing civil servant law stipulates that the appointment system and appointment system should be implemented in the civil service. The draft proposes that the leading posts of civil servants should be elected, appointed and employed. The appointment system and appointment system are implemented at the rank of civil servants.

Interpretation of doubts

Why should we modify the civil service law?

Why should we modify the civil service law? The draft statement explains that the Civil Service Law is the first basic law in the personnel management of cadres in China. In recent years, there are some places that are not suitable for the new situation and new requirements, which need to be revised and improved.

According to the draft, in June 2017, with the approval of the Party Central Committee, the Central Organization Department, the Ministry of Human Resources and Social Security and the former State Civil Service Bureau formally launched the revision of the Civil Service Law. On September 11, the Ministerial Council of the Central Organization Department considered the revised draft (submitted for review), and then solicited the opinions of the Office of the Central Committee for the Comprehensive Rule of Law and the Ministry of Justice. On September 29, the Leading Group of the Central Partys Construction Work considered the revised draft (to be submitted for review), revised and improved the draft according to the opinions of the review, and submitted it to General Secretary Xi Jinping for approval.