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Detailed introduction of civil servants' obligations
This article is about the obligations of civil servants. It is generally believed that obligation should or should not be a restriction or constraint on some behavior. The so-called obligation of civil servants refers to the restriction and compulsion of civil servants to do or not do certain acts by national laws. The meaning of civil servant's obligation: First, the obligation of civil servant is based on the identity of civil servant. Second, civil servants must or must not do certain acts, that is, they have the obligation to act and not to act. On the one hand, civil servants have the obligation to act positively and must take the initiative to do certain behaviors according to law, such as performing official duties and performing duties according to law. On the other hand, civil servants have the obligation of negative inaction and must not do certain acts, such as corruption, theft, bribery, taking bribes or using their powers to seek personal gain for themselves and others. Third, this obligation is a constraint on civil servants. Civil servants are people who exercise public power and perform official duties. If their power is not regulated and strictly restricted, they may be abused. Therefore, the obligations of civil servants must be strictly stipulated, and the obligations are mandatory. Civil servants shall not give up or fail to perform their obligations, otherwise they will bear corresponding legal responsibilities. According to the provisions of China's Civil Service Law, Chinese civil servants should abide by the following obligations: the Constitution is the concentrated expression of the fundamental will and the highest interests of the people of all ethnic groups in the country, and it is the cornerstone and guarantee for the orderly operation of the country's political, economic, cultural and other social life. Law is a code of conduct formulated according to the Constitution and guaranteed by the state's coercive force. It is the obligation of all state organs, social organizations and every citizen to abide by the Constitution and laws. As a civil servant who exercises public power, he should establish the idea of the supremacy of the Constitution, safeguard the authority of the Constitution and the law, consciously act within the scope of the Constitution and the law, and become a model and example of abiding by the law.

The core significance of exemplary compliance with the Constitution and laws is loyalty to the Constitution. The so-called loyalty to the Constitution refers to safeguarding the authority of the Constitution and promoting its implementation with the greatest ability and intelligence and with one's own words and deeds. On the positive side, loyalty to the constitution means doing everything that is conducive to the implementation of the constitution. On the negative side, we should oppose and avoid anything harmful or unfavorable to the Constitution. Earnestly perform their duties and strive to improve work efficiency.

(1) Civil servants shall perform their duties according to their functions and powers. This contains two meanings: first, the right is clearly stipulated. Civil servants should follow legal principles when exercising power and performing public duties, which is the basic requirement for building a country ruled by law. Civil servants can only exercise their power within the scope specified by law, and they must not act beyond the law, otherwise they will abuse their power. Second, the authority belongs to the substantive law authority. Substantive law is a law that confirms the relationship between rights and obligations and between power and responsibility. The authority of civil servants to perform their duties is the authority stipulated by substantive law. For example, Article 27 of the Food Hygiene Law stipulates: "Food production and marketing enterprises and food vendors must obtain hygiene licenses issued by the administrative department of health before they can apply to the administrative department for industry and commerce for registration." Civil servants in the relevant positions of the administrative department of food hygiene may examine and approve the licenses of food production and operation enterprises in accordance with these Provisions when carrying out food hygiene law enforcement, and can only exercise their power within this scope, and cannot engage in the examination and approval of fire-fighting equipment beyond this authority.

(2) Civil servants shall perform their duties in accordance with the prescribed procedures. Here, the so-called procedure refers to the steps, sequences and ways to realize rights and obligations. Civil servants should perform their duties in accordance with the prescribed procedures, because fair and open procedures can fairly realize the rights and obligations of entities and help better protect the legitimate rights and interests of the public and citizens. At present, there are many centralized laws on administrative procedures, such as administrative punishment law and administrative licensing law. Civil servants must exercise their powers in accordance with the procedures prescribed by law. For example, when examining and approving the license of food production and operation enterprises, civil servants in relevant positions in the administrative department of food hygiene must conduct examination and approval in accordance with the relevant legal procedures such as application acceptance, examination decision, time limit and hearing stipulated in the Administrative Licensing Law.

(3) Civil servants should conscientiously perform their duties. Here, the meaning of earnestly performing duties has three layers: first, you should perform your duties in person, and you should not entrust others to perform their duties according to the prescribed procedures without proper reasons; Second, the work should be finished on time, and you can't be late or leave early. Leave must be justified and approved by the superior leader; Third, you can't leave your post without leave. In general, you should stick to your post. In case of sudden and special emergencies, you can leave only after being approved by your superiors. Business trips and vacations should also be returned to their posts in time.

(4) Civil servants should strive to improve work efficiency. Civil servants enjoy better welfare benefits and their jobs are relatively stable, which is conducive to stabilizing the civil servants and maintaining social stability and order, but it is also easy to bring about problems such as inefficiency and serious bureaucracy. Therefore, stipulating the obligation of civil servants to improve their work efficiency is conducive to civil servants providing quality services to the public efficiently. At the same time, it is also the requirement of our constitution for civil servants to strive to improve their work efficiency. The first paragraph of Article 27 of China's Constitution stipulates: "All state organs implement the principle of streamlining, the system of job responsibility, the system of training and assessment of staff, constantly improve the quality and efficiency of work and oppose bureaucracy." Serve the people wholeheartedly and accept people's supervision.

Paragraph 2 of Article 27 of our Constitution stipulates: "All state organs and functionaries must rely on the support of the people, always keep close contact with them, listen to their opinions and suggestions, accept their supervision and strive to serve them." The people are the masters of socialist countries, and the cause of socialist modernization must rely on them. The task of state institutions and their staff is to reflect the wishes and demands of the people and serve them wholeheartedly. According to the Constitution, all civil servants must conscientiously implement the Party's mass line, adopt the working method of the mass line, go deep into reality, investigate and study, scientifically synthesize scattered opinions of the masses, form plans, policies and regulations, and then implement them among the masses, "from the masses to the masses"; Always keep close contact with the people, listen to their opinions and suggestions, respect their ownership and initiative, rely on their support to complete all the work, consciously accept their supervision, and serve the people wholeheartedly.

Civil servants should accept the supervision of citizens, which is stipulated in our constitution. The first paragraph of Article 41 of China's Constitution stipulates: "The people of China and citizens of China have the right to criticize and make suggestions to any state organ or state functionary; Any state organ or state functionary has the right to lodge a complaint, accusation or report to the relevant state organ for illegal or dereliction of duty, but shall not fabricate or distort facts to make false accusations and frame up. " In the process of state institutions and civil servants performing their duties, the people have the right to supervise them through various channels and forms to ensure that they exercise their power on behalf of the people to the letter and serve the people wholeheartedly. Loyal to their duties, diligent and conscientious. Article 27 of China's Constitution stipulates that all state organs "implement the work responsibility system". All positions of civil servants are based on the functions, institutions and establishment of state organs and are set according to the needs of work, and each position has clear tasks and responsibilities. Therefore, civil servants in every post should be loyal to their duties, diligent and conscientious, devote all their energy to their work, be conscientious and wholeheartedly, strictly perform their duties and assume the responsibilities of their posts. Only in this way can we improve work efficiency and ensure the normal operation of state organs.

"Obeying and carrying out the decisions and orders made by superiors according to law" is a provision on civil servants' obedience to their obligations. It is very necessary to stipulate the obedience obligation of civil servants. First of all, the modern civil service system is a bureaucratic organization, and civil servants should accept the command of their superiors to ensure the authority, unity and efficiency of the organizational system. Secondly, under the political system ruled by law and the modern civil service system, the primary duty of civil servants is to enforce the law, and they are not personally attached to their superiors. Obeying the decisions and orders of superiors is just the need of law enforcement, and obeying the decisions and orders of superiors is the means and way of law enforcement.

Civil servants shall obey and carry out the decisions and orders made by their superiors according to law, and their meanings are as follows:

First, the decisions and orders that civil servants obey should be made by superiors. The so-called "superior" refers to institutions or personnel with higher status and level in the same system or organization. Superior includes direct superior and indirect superior. The direct superior refers to the superior who has direct leadership, command and supervision, and the indirect superior refers to the superior who has leadership, command or supervision in addition to the direct superior. Generally speaking, the leadership of civil servants should be gradual. Generally, superiors should explain their tasks to civil servants through their supervisors, but they can also directly issue decisions and orders to civil servants at lower levels.

Second, civil servants obey and carry out the decisions and orders of their superiors. The so-called decisions and orders refer to the instructions made by superiors that lower-level civil servants must or must not do certain behaviors. As far as form is concerned, there are both abstract administrative acts and concrete administrative acts.

Third, the decisions and orders of superiors that civil servants obey and carry out should be made according to law. On the one hand, the contents of decisions and orders should be legal. Decisions and orders should be within the authority of the superior, otherwise lower-level civil servants have the right not to implement them; Decisions and orders should be related to the duties of superiors, such as the private affairs of superiors, and civil servants can refuse to implement them; Decisions and orders are not prohibited by law, and civil servants can refuse to obey and execute decisions and orders that clearly violate the law; Decisions and orders do not belong to junior civil servants who perform their duties independently. Civil servants in some special departments, such as the relevant supervision departments, auditing departments and statistics departments, once they are given the power to perform their duties independently by law, the decisions and orders of their superiors cannot involve the scope of their independent performance of their duties. On the other hand, the procedure for issuing decisions and orders must be legal. Decisions and orders of superiors must be made in accordance with legal procedures. The legality of procedure is an important guarantee for the legality of content and has independent value. In daily administrative activities, administrative organs need to follow strict legal procedures when implementing administrative licensing, deciding administrative compulsory measures and implementing administrative execution, so as to ensure the legality of relevant administrative orders and the fairness and efficiency of administrative activities. Civil servants have the right to disobey orders issued without legal procedures. Especially when the public security organs carry out criminal compulsory measures such as detention, residential surveillance, bail pending trial and arrest. The procedural legality of superior orders should be a prerequisite for civil servants to execute orders. Fourth, when performing official duties, if a civil servant thinks that a superior's decision or order is wrong, he can make suggestions 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, civil servants who execute decisions or orders that are obviously illegal shall bear corresponding responsibilities according to law. Other obligations stipulated by law. Some of the obligations of civil servants stipulated in the Civil Service Law are the concretization of the obligations of national staff stipulated in the Constitution, and some are the obligations determined and derived from the characteristics of the civil service profession itself. As a civil servant, the obligations stipulated by law should of course be fulfilled. The purpose and significance of stipulating that civil servants must perform "other obligations stipulated by law" lies in that it can make up for other obligations of civil servants that cannot be listed in detail because of different occupations, make the content of civil servants' obligations more comprehensive and specific, and better reflect the characteristics and spirit of the times.

It should be noted that the civil service law stipulates the obligations of civil servants first, and then the rights of civil servants. Generally speaking, the provisions on rights in the law usually precede the provisions on obligations in order. The Civil Service Law puts the obligations of civil servants before their rights, which is different from other laws. However, this sequential arrangement has its profound meaning, that is, considering that civil servants are staff performing official duties, they need strict restraint and management. Therefore, stipulating the obligations of civil servants in the law can highlight the obligations and responsibilities of civil servants. There is a famous saying in the law that people with power often abuse their power. In the process of performing public duties, civil servants are very helpful to stipulate their own obligations, strictly restrain their actions, and put their actions under the jurisdiction of the law, which is conducive to safeguarding the rights and interests of citizens and safeguarding the good governance of the country. The Civil Servant Law stipulates the obligations of civil servants in advance, which embodies the concept of controlling power and publicizes the concept of people's sovereignty and civil rights. The same is true of the arrangement of civil servants' obligations and rights in foreign civil servant laws. For example, Chapter III of the German Civil Service Law "Legal Status of Civil Servants", Section I stipulates "obligations" and Section II stipulates "rights".