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Civil servants above no law
China Daily  Updated: 2004-10-07 10:02

Civil servants should show respect for law in carrying out their duties, said an article in Workers' Daily. An excerpt follows:

In establishing a law-based government, civil servants must work in line with the law. To achieve this goal, some aspects should be stressed.

First, a good law executor should be first and foremost, law-abiding. Previously there was a misunderstanding that civil servants should only be law enforcers, while only the public should observe the rules of the land. But both civil servants and citizens have the primary responsibility to obey the law.

Second, legislation should be checked and guaranteed to be consistent with laws of higher authorities and ultimately the Constitution. However, to judge whether or not legislations are legitimate should be the first mission. According to the Legislation Law, all laws and regulations should be consistent with the country's Constitution, and laws or regulations at junior levels should not conflict with those at senior levels. In this way, when civil servants work in line with the rules, they should make clear the laws and regulations they observe should be legitimate first, otherwise such administration could not be called law-based.

Third, although civil servants have the right of administrative discretion, such a right should not be without constraints. All administrative behaviour should be in line with laws.

And lastly, proper and fair procedures should receive more respect. Legal procedures have been set by laws, but fair procedures come from fairness. And it is this which is the final aim of a law-based government.

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