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回望《中华人民共和国公务员法》立法

林弋

中国人事科学Issue(6):1-9,9.
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中国人事科学Issue(6):1-9,9.

回望《中华人民共和国公务员法》立法

Looking Back on the Legislation of Law of the People's Republic of China on Civil Servants

林弋1

作者信息

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摘要

Abstract

Enforced since January 1,2006,the Civil Servant Law of the People's Republic of China marks its 20th anniversary in 2026.Looking back on the legislative journey,the law has made institutional arrangements with Chinese characteristics on key issues such as defining the scope of civil servants,the classified management of party organization leading officials and administration officials,the choice between a career system and a position system,and the supervision,motivation,and professional team building of the civil service.Breaking through the traditional legal concept of"law does not speak of the party,"the Civil Servant Law unified seven types of staff from party and government agencies into the scope of civil servants and explicitly wrote the principle of"adhering to the party's management of officials"into Article 4.This achieved the dual goal of managing party organ staff according to law and legally confirming the party's ruling status,marking a significant breakthrough in China's legislative history.In terms of management systems,the law distinguishes between party organization leading officials and party and government administration officials.The former are managed by party committees and their organizational departments according to intra-party regulations,while the latter are managed according to the Civil Servant Law and its supporting regulations,forming a system pattern that combines unity with diversity and variability under the same legal framework.Regarding institutional orientation,China did not follow the Western trend of replacing the career system with a position system but insisted on a career system based on national conditions to maintain the stability of the civil service.Over the past 20 years of implementation,the civil servant system and the leading official system have developed on two tracks in parallel.The supporting regulatory system has become increasingly complete,reforms such as classified management and the parallel system of ranks and grades have continued,and supervision,incentive mechanisms,and professional team building have been steadily strengthened.Reviewing the legislation of the Civil Servant Law,its historical experience remains highly instructive for deepening the reform of the official personnel system and improving the civil servant system in the new era.

关键词

公务员法/立法回顾/公务员范围/党管干部/分类管理

Key words

Civil Servant Law/Legislative review/Scope of civil servants/Party's management of officials/Classified management

分类

社会科学

引用本文复制引用

林弋..回望《中华人民共和国公务员法》立法[J].中国人事科学,2026,(6):1-9,9.

中国人事科学

2096-5761

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