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Constitutional protection of the rights of civil servants admini

Abstract :This paper discusses the internal administrative relationship between Europe and the United States the historical evolution of the civil service ,discusses the constitutional protection of the rights of the development trend of the rule of administrative law .
In state history, the civil servant system has undergone a from the authority to rule by law to the right the development process in order to guarantee the administrative efficiency ,unity and continuity ,traditional public administrative theory emphasizes hierarchical obedience and authority ,civil rights is restricted .
Recently for more than a century ,the rule of law countries gradually reform the traditional civil service relationship ,civil rights is also increasingly subject to constitutional protection.
Key words :civil ,constitutional rights ,administrative relations within the English Title: Toward Constitutional Protection of Civil Servantsr Rights: A Comparative Study of Internal Administrative Relationships mm ,the executive in the legalization of the relationship between modern civil servants system of 1mmfrom the authority to rule by law to the protection of the rights of &quot ;the modern government is the administrative government .
&quot ;in fact ,the modern state power is growing largely government administration instead of political factors in growth. Even in traditionally liberal America ,Research on several issues of compensation for mental damage,.Before also has 17000000 government employees.
After PNP reform after the baptism, the modern American administrative course and early nineteenth Century the spoils system &quot ;&quot ;was different . At present ,nearly 70% of the federal civilian belongs to the white-collar workers ,engaged in engineering ,medicine ,accounting or legal work for the civil legal protection cover 85% of allcivil servants.
Therefore ,adjustment of civil servants and their subordinate departments mm more specifically ,and the leadership of the Department the relationship between mm and safeguard the legitimate rights of civil servants ,become developed country administrative rule of law is an important content of the rule of administrative law .
In state history, the civil servant system has undergone a process from authority to rule by law to the right the development process in order to guarantee the administrative efficiency ,unity and continuity ,the traditional public administration theory emphasizes hierarchical obedience and authority ,civil rights has been greatly restricted.
This is mainly reflected in two aspects .Firstly ,and the common enterprise employees is different ,once enter government departments, civil servant is thought to give up at least part of ordinary people can legally enjoy rights.
For example in the nineteen fifties before, the United States government employees basic rights than ordinary citizens are Much more restricted . Ordinary employees have joined the union organized strikes ,constitutional rights ,participate in any political party ,but government employees the right can severely limit.
And generally speaking ,the higher the administrative level ,the right to give up even more .Secondly ,authoritative principles embodied in the administration of leadership on subordinate appointments ,promotion and punishment is very arbitrary power ,without the strict legal constraints.
At this point ,the traditional administrative organizations and traditional enterprise organization similar to the boss ,&quot ;&quot ;for the employees in the company of treatment has free disposal of power, the only limit is the decision of enterprises profits .
For ordinary enterprises, Taylor ( Frederick Taylor ) theory emphasizes the hierarchical control ; to establish the rule of law on the basis of the modern administrative institutions ,Weber ( Max Weber ) theory also required by &quot &quot ;rational ;unified management ,reduce administrative processes of personality and emotional factors in order to ensure the operation of the unified ,efficiency and continuous ,administrative agencies must be restricted to employees and demotion dismissal legal protection.
However ,the government is not only a business ,the administrative process and market phase Differ very far .Service industry is equal to the private enterprise profit considerations ,so its characteristics must be suitable for official purposes .
One of the most simple contrast will illustrate the problem :private enterprise leadership is stable ,and the president of the United States and other political officials are elected once every few years ;to put it on for every 4 years on the dissolution of a company ,is obviously absurd therefore ,the administration of internal relations must be legally obtained and common enterprise internal relationships of different treatment .
A country under the rule of law through the two stages of reforms the traditional civil service - a phase occurring in mid nineteenth Century ,it completed the party card separation ,formed with the test primarily neutral civil service system.
Second stage occurred in second after the war .The civil rights movement of the impact ,which caused a civil service in the field of constitutional rights movement. The civil service system is in modern countries administrative function is highly developed and stable product.
In the West, this kind of system from mid nineteenth Century to early twentieth Century beginning ,Adidas Porsche Design Bounce,basic mature . Prior to this ,administrative and political functions are not clearly distinguished ,and appointments are mainly for political Consider ,and higher political officials for junior officer recruitment ,promotion and punishment have considerable discretion in .
1844 years later ,France on Civil Servant Disciplinary provides some protection ,such as making decisions need to explain the reason ,and the processing opinion must be made by special investigation committee .
1905 ,French civil servants were obtained on the disciplinary front view files British administrative duty appointment had to pass members or leaders in.1855, it adopts the examination method ,and established a civil service commission ,to safeguard personnel recruitment abide by ability principle.
This system earlier than the United States in recent 30 years. Today,public servants neutral position has received public recognition and the effective protection of the law .It is constantly changing alternately the political power to provide a stable basis of administrative law of the .
2 administrative internal relationships legalization significance in terms of administrative litigation or the number of the country under the rule of law in the role of the civil service ,legal protection on administration according to law has not negligible importance .
Firstly, on the official implementation of legal protection of direct purpose is to protect the legitimate rights of the civil servant individual Benefit from the administration of violations of civil protection .
Secondly ,also contribute to the mechanism of balance of power and the rule of administrative law .Through the improvement of civil servants legal status and demands of civil servants institutional leadership disposition strict law, civil law limits the organization leadership discretion ,forcing them to administration by law.
If allow leadership arbitrary exercise of personal power to punish righteous subordinate ,it is bound to produce the bad influence, and lead the whole country administrative system and moral crisis.
At last ,associated with this, the civil servants legal protection is improving the quality of civil servants and the personality consciousness of the effective means. We think ,not any other means formal and solemn legal procedure can raise the civil servants independent personality.
Every state officials must be aware of ,their highest loyalty is representative of the state interests law ,rather than superior leadership ;they are not bodies can freely dispose of appendages ,not blindly enforced the order machine.
Of course,Appropriate to reduce the issue size is important to reduce the issue price, in order to ensure administrative efficiency and unity ,civil servants must obey their orders. However ,civil servants and are responsible for ensuring their own and institutions in the defined by law Range of action ,and when they think of organization behavior beyond the legal boundaries of time, to be able to go through the proper channels to attempt to correct .
When they think of their legal rights and interests of leadership violated, they should have the ability through judicial procedures and maintenance .Therefore ,the civil servant law and authorized by the administrative litigation is the maintenance of our civil servants interests and the moral quality of the best means.
In fact ,an honest and law-abiding civil service is the guarantee of administration according to law is the most reliable power. Two ,American civil rights protected by the Constitution ( a ) the United States Civil Servants Rights constitutionalization of &quot ;&quot ;as an American University Law School Dean pointed out ,the United States of America &quot ;no problem can be converted into a constitutional issue &quot ; civil rights and obligations are no exception .
The United States administration resulting from party politics background . From nineteenth Century 30to 80 years,due to the adoption of the spoils system &quot ;&quot ;( patronage ) and political line is not divided, party loyalty has been the executive officer the basic requirements.
In a 1839 case , Supreme Court public service theory, &quot ;&quot ;because of government employees in the public sector and decided to join the Has voluntarily accepted the personnel management conditions ,not by any force ,so the government can set any restrictions.
And general contract formed by the enterprises, the superior-subordinate relationship is strictly hierarchical obedience. Partly in ideology and policy of unity, the government hired and fired on political belief and partisan positions in.
1883 civil servantsystem reform to traditional political side ,require the administrative processes of neutral and rational ,and attempts to strict &quot ;administrative separation of &quot ;.
1907 years,Federal Public Service Commission ( Civil Service Commission ) regulations ,through the assessment system was appointed civil servants shall actively participate in the &quot ;&quot ;the political leadership and the campaign.
Begin from 1939 until 1993,hatch act ( Hatch Act ) has been banned civil servants engaged in political activities .The law of 1912 (LloydmLa Follette Act ) for the government employees rights provided limited protection .
It provides, in order to promote the efficiency of the service &quot ;except for &quot ,employees shall not be dismissed ;.But this requirement only by a loose interpretation .Therefore ,dismissing justified may include insubordination ,( whistle-blowing ) .
, trade union activities ,expression of non mainstream political beliefs ,personal characteristics and behavior. The termination notices the parties themselves ,and give appropriate retort opportunity ,but before the decision does not require a formal hearing in superior to strictly obey is considered that it is the necessary premise of the government target ,or is equal to &quot ;&quot political Dutch act ; veterans ( Veteran Preference Act preferential law ) authorized veterans was fired after the right of appeal ,the 1962 10987thpresidential executive order to put this right extended to other government employees .
Constitutional due process shall be subjected to arbitrary dismissal of general protection, only to 1972 casewas recognized American civil liberty and equal rights protection has experienced a long and tortuous process .
In order to guarantee the unity ,to prevent the tendency to schizophrenia ,federal and state governments have on the civil servant behavior regulations very strict restriction. New York Safk ( Suffolk ) ,even the details for the conduct of civil servants had extremely detailed regulation ,such as hair ,long hair, beard sideburns ,appearance ,to try to maintain a unified image.
In the very long time ,Black government employees have been subject to unequal treatment .In Wilson isolated on white black employees employees ,in order to prevent racial tension ,dissatisfaction with friction .
Before 1919, 60%public service excluded women from in fact ,in 1964, the official committee also to exclude women from certain sensitive position ,in order to preventing moral hazard of &quot ;&quot ;event .
94% senior officials excluded women position .In twentieth Century of 40 and 50 yearsof the cold war, Mccarthy ( McCarthy ) doctrine on civil rights violations is to reach the peak of perfection .
The government has the right to investigation and interrogation civil religion ,race ,on the view on premarital sexual behavior attitude ,to the spouse of loyalty and sexual behavior ,the friends of the background is as usual reading tendency.
Security Survey and loyalty oath not only to the formal requirements for employees ,but also suitable for performing government contracts or gain the business license of the enterprise ,including Piano sellers ,boxers ,wrestlers and other occupation ,almost to the a state of extreme nervousness.
Ridiculous proportions. In the nineteen sixties after the civil rights movement ,to the government employee rights protection has been a corresponding increase in .1978 The civil service reform law requirements of the federal public service reflects the United States social diversity ,previously corrected some communities under-represented phenomenon ,make public administration the appearance of &quot ;more like the United States of America &quot ; protection to encourage employees to report method to expose major waste ,fraud ,breach of privilege and to public health or safety.
Dangerous behavior of orgnaization of .1993 year hatch act reform the civil servant engaging in partisan activities range ,but in some areas, the public interest is still required to limit the right of the civil servants ,such as the case of the drug testing and conflict of interest is prohibited.
The same year ,Gore vice president under the leadership of profound report published ,entitled &quot ;create a better operation ,lower cost of Government :the national performance review .
According to &quot ;&quot ;new public management &quot ;( New Public Management ) concept, the reporting requirements for enhancing the administrative mechanism of diversity and creativity ,and correct the traditional class.
Class control and uniform application of the law is public chief of the traditional value ,must now and the newly introduced the due process ,equal protection and freedom of speech on the constitutional value of phase equilibrium .
( two) the United States of America .Attendant constitutional protection of the rights of traditional point of view thinks ,the constitution only processing outside the government behavior and the relation between the citizen ,do not apply to government employment affairs .
At the same time ,according to the &quot &quot administrative ;separation ;theory ,for internal operations ,government and private enterprise ,while the latter does not apply the constitution ;granted to employees challenge body constitutional rights ,is to encourage employees to make government &quot ;&quot ;.
At the same time ,it will also requested that the court must often involved in the administration of personnel decisions ,resulting in increased administrative burden ,adverse to meet must be monopolized by the government completed the social needs.
Until the nineteen fifties ,the United States of America theory has always insisted on public duties is an award ,not a right, and therefore does not apply to the requirements of due process of justice Holmes wrote this distinction clear explanation :&quot ;a person has the right to free speech ,but did not do the right of the police ;&quot ;if the police speech is considered improper, he does not use the constitution of speech free to keep his job .
But from 1929 to 1966, the United States public sector employees accounted for the entire industry from 6.2%up to 17% ,the total number of 17000000 people .Therefore ,civil servant Constitutional rights has gradually become issues of concern .
In the civil rights movement in the background, theory, &quot ;&quot ;challenged and ultimately abandoned. In a 1951 case ,the federal government has reason to believe that a non-sensitive positions on the United States for employees of infidelity, and decided to fire the federal appeals court justified .
Procedure applies only to &quot ,such as &quot ;rights ;by the First Amendment protection of freedom of speech and assembly ,but does not protect government 8 Supreme Courtjustices 4:4 votingflat ,so the court the but 4 judgesopinions strongly request ,non-sensitive positions have to be required by a sort of dismissal forms of hearing procedure ( does not necessarily require the confrontation of witness and other formal hearing procedure ) .
In a 1952 case , the opinions of final victory. Decision of the Supreme Court ,the constitutional protection of Civil Servant Based on the arbitrary and discriminatory legislation against the fire .
In a 1972 case ,the Supreme Court ruled the government cannot for some reason and deprivation employees of the constitutional rights ,including freedom of speech and freedom of association ,and the discipline is deprived of these rights in the civil service .
Thereafter ,&quot fight &quot ;Rising, many protests and strikes ,open expression of dissent and policy. In a 1976 case , Supreme Court, taking into account the need to reduce the public dispute ,so the decision due process does not protect the civil service from unwise personnel decisions .
The court developed the &quot business model ;&quot ;,to achieve civil constitution rights and public interests and the interests of employers phase equilibrium .The court requires consideration of multiple factors ,including justice civil servants personal ,political responsibility ,cost efficiency ,service needs ,and the key lies in the understanding of public management decision caused by long-term effects ,rather than to the government or individual short-term effects .
1of speech andfreedom of religion in the 1987 case , state government intern in the trial period for her boyfriend said privately, she agreed with the assassination of President Reagan ,and hope he will kill by &quot ;&quot ;.
This paragraph of words being heard ,intern be fired .The Supreme Court to 5:4 judgments,Chinese special forces sniper readme post 4 ,even in the trial period has also been the plaintiff the freedom of speech of some protection ,although she may not have the right to help the party election .
In the definition of the right of the plaintiff to range, court must balance the public ,political The government and the interest of three respects ,&quot ;balance of reconciling the public employees as service providers and as the operation in the first amendment limitation under the government entity the necessity.
&quot ;in this case ,the plaintiff in public concern to express opinions ,with public interests ,thus limiting the constitutionality of depends on the way of expression ,time and occasion.
In general ,the government can take measures to ensure that the work environment of discipline ,the harmonious atmosphere and a harmonious working relationship ;if the plaintiff speech may interfere with normal operation or transfer of staff ,so the expression can be restricted .
However ,private comments rarely produces the problem of this respect ,therefore &quot ;rarely to dismiss public employees with reason &quot ;in a 1994 case , Supreme Court once again expressed the balance of different factors ,which is the focus of regulation of personnel management object .
If the government departments that employee speech expressed belief harmful ,then the employer shall appropriate investigations, and only in the setting of employees do believe that, in order to impose sanctions .
In a 1995 case , federal rules prohibit government employees for their lectures Or articles receiving honors .This provision does not guarantee the government efficiency, which is the Supreme Court reversed .
2freedom of associationin a 1943 case , state said: &quot ;permissive or recognition of government civil servants as any labor organization or union union, not only does not accord with the spirit of democracy ,and it is not in accordance with our government is on every principle of .
&quot ;to the nineteen fifties ,Wisconsin first developed government labor relations program ,government employees began to have the right to organize. To 60 time ,the federal government passed similar measures ,and eventually to join trade unions become servants of the constitutional rights in the case of in 1977 , Supreme Court decision to join the union as a condition of employment of the mandatory requirements in violation of law .
Of course ,&quot ;to define force contribution to the collective bargaining activities and forced prohibited and collective bargaining activities unrelated to the ideology ,is undoubtedly difficult .
&quot ;the court said ,the employee may be required to pay costs ,to undertake negotiation with the implementation of the contract process cost ,but employers not to support a political view and charge.
The Supreme Court in a 1986 case points out , Due to the charge effect to the rights guaranteed by the first amendment ,and therefore must be consistent with the program requirements. Beautifully unions agents fees must have appropriate explanation cost basis, and the employee must have a timely opportunity ,in neutral decision makers face challenges charging quantity in a 1960 case , Arkansas state law requires public the teacher listed industry over the past 5 years in all organizations.
The Supreme Court held that the state law on the freedom of association ,comprehensive intervention has greatly exceeded the capacity of teachers for the legitimate interrogation range. In a 1966 case, decision of the Supreme Court ,civil servants participating organizations cannot have an illegal purpose or engage in illegal activities ,shall not the government of the United States, the security threat .
In the past ,the government employees have been banned from trade unions and subversive organization of.1999 years,the federal government to this restriction also relax. Now ,civil servants with extensive right of association .
Although civil unions activities obtained a considerable degree of license ,unions have been prohibited. This principle has been subject to legal recognition ,and seems to be influenced by the social universal support for .
1947 Taft m ( Taft-Hartley Act ) ,Telaifa gauge On the civil service strike severely punished .Go on strike will not only be the immediate dismissal of civil servants ,but also be deprived of the qualification for 3 years .
1981 years,President Reagan dismissed thousands of participating in the strike the air controller .3political activityin a 1973 case , Public Service Commission regulations for dismissal procedure too vague it was repealed .
The Supreme Court said ,as long as the relevant provisions are not overly vague or severely ,so the government can ban on civil servants as party positions ,participation in the group the party ,raise funds ,candidates for and distributed political leaflets activities such as .
1993 ,more than 40 federaland state legislation have been relaxed to official party activity limitation ,the vast most government employees can at the same time as the party and government positions .
On the other hand ,in a 1976 case , the vast majority of the spoils system named risk . Due to this system &quot ;at the cost of limiting beliefs and the freedom of association ,&quot ;if not in the decision-making strata ,Nike Air Force 1 Low,and does not involve confidential work ,government employees should not purely based on political beliefs are removed in a 1980 case , Supreme Court to consider the focus on &quot ;employ machine The turn can prove the relationship between political parties and public positions to effectively perform the appropriate requirements related to &quot ;the problem.
In a 1990 case , Supreme Court made clear government departments for staff promotion ,transfer and employment than dismissal has greater discretion. 4privacyin a 1987 case , state hospital employees were charged with sexual harassment and finance is unknown ,so the hospital search.
O judges (J. OrConnor ) points out :&quot ;people do not because they are the government rather than private employer will lose the Fourth Amendment right to .&quot ;in the public service sector accounted for ( search of and seizure ) whether to ask court permission ,http://adidasjeremyscottde.com/,the court focused on the problem is whether the parties to have reasonable expectations of privacy ,and whether these expectations were accepted at court ,law enforcement nature of service industry accounted for in does not require prior permission.
In a 1989 case ,the Supreme Court upheld the Customs on its personnel in drug inspection requirements. 5(programmed) due process into the nineteen seventies ,public service position was &quot ;the new concept of property of &quot ;Covered ,so as to adapt to the Fifth Amendment due process of &quot ;&quot ;requirements.
The Supreme Court on 1972 "civil servant dismissal hearing case decision ,&quot ; if suspected of employees to exercise their constitutional rights ( such as freedom of speech ) in retaliation ,or impaired employees reputation or honour, or impaired employees coming to be employed right, or with the employees on business contract of employment terms or term of office at the same ,government employee dismissal must comply with procedural due process .
In a 1985 case , procedural due process requires some form of hearing. As for the program to suit most, the court must balance 3 kinds of factors:&quot ;access to and retention of hiring private interests ,the government to rescind the disgruntled employees and avoid the administrative burden of interest ,as well as the risk of error .
.&quot ; factors,the employee &quot ;to continue to employ a property right ,which is the key to &quot ;decision accuracy .During his tenure, employee dismissal of general requirements about the alleged notice and accusations of the interpretation of information ,and provide employees with appropriate counter machine .
6equalprotection in this field ,congressional legislation has By providing adequate protection. In addition to the fifth and the Fourteenth Amendment ,equal protection of major legislation including the civil rights act of 1964,1972the Equal Employment Opportunity Act and 1991 the women law .
Although the legislation and administrative regulations provides more security than the constitution ,equal protection in the service industry is still very common. In a 1974 case , decision of the Supreme Court civil servant has substantive due process rights ,and the &quot ;personal choice regarding marriage and family life of the free &quot ;by the Fourteenth Amendment protection.
Therefore ,state education agencies may not be mandatory for maternal leave leave. Three ,public administration and Constitutionalism : the efficiency and justice of civil rights by constitution of &quot ;&quot ;,the Supreme Court has made public the hiring process completely changed .
Some running programs in the past was used as a standard ,but it is now being ruled unconstitutional and prohibited .Judicial mechanism makes public officials to recognize the constitution value than the administrative value more important ,to reform the administrative system and theoretical foundation.
The court can now direct intervention in public administration system ,and make it into the constitutional standard Control track. The official daily street examination ,such as random search and social insurance information ,court raised the fourth amendment requirement.
Environmental law undermines the immunity ,asked the government to hazardous waste resulting from the loss of responsibility ,and government officials may be negative response to criminal or civil liability.
The civil servants right &quot ;the constitution of &quot ;is completely necessary .Especially in today ,the legislature on behalf of the standard quite loose ,so it is necessary to strengthen the judicial control ,requirement of bureaucrats to citizen have the appropriate constitutional knowledge.
In this context ,the judge is the supervisor ,as partners. And Webb and Taylor different from traditional theories ,the court more and more emphasis on business diversification and individuation ,but not on the surface of uniform ,changed public personnel management ,welfare and the prison system ,as well as public psychiatric rehabilitation facilities .
On the other hand ,the court comprehensive intervention may cause &quot ;judicial bureaucracy &quot ;( Jurocracy ) status ,and because the judge individuals on the specific outcome of interest and bias .
In fact ,the environmental protection agency often intends to use litigation to achieve their goal :if successful ,then the administrative institutions will be smooth Into the policy implementation phase ;if the court on the adverse decision ,so it can be used to change the legislation ,including increased funding and budget allocation.
On the other hand ,through the protection of the basic rights of civil servants ,the constitution of the United States entered the public administration and management field ,and produced a few contradiction .
This is because the public administrative and common law value orientation ,is &quot ;giving priority to efficiency ,but the constitution is &quot ;emphasizing fairness and to the protection of minority rights .
1traditionalpattern due to the United States of America is a business mode of consciousness according to tissue ,it and the United States Constitution requires many access from the eighteen eighties founding ,the United States administration is the traditional pattern is to serve the political and social goals of the corporate structure.
Through the turn of the century 3 movements:1870-1890 years,1890-1920 years ofcivil service reform progress party movement and 1900-1930 years of scientificmanagement ,the United States administration took following notable firstly ,political and administrative time must be separated .
The reformers think generally ,in the public service for the large number of jobs, only very few with any political nature. Their separation will not only help to improve the quality of administration At the same time ,also can also politics in its true colours .
Secondly ,the public administration is a management science ,rather than legal .1926 year ,White published the first public administration course Introduction to the study of public administration ,and asserted that the &quot ;administrative research should be based on management foundation rather than the foundation of law as the starting point ,and should be focus more focused on the American Management Association affairs ,and not the court decided to .
&quot ; &quot &quot Wilson ;administration ;a paper brilliantly expression of the concept of scientific management :&quot ;administrative research goal is first found that the government can properly and successfully accomplish, followed by the discovery of how it can be possible efficiency and in the money or energy on low cost do the appropriate thing .
&quot ;in fact ,it is out of the &quot &quot prevent ;friction ;considering Wilson ,President of the federal public service system of apartheid .According to this way of thinking ,political representation and democratic accountability for administrative management is secondary consider ,constitutional requirements of due process is not necessarily efficient ,low cost procedure .
Political and administrative separation ,in the United States has naturally led to legislation and judicial supervision of administrative Doc according to the 1916 &quot&quot ;National Association of municipalities ;the proposed constitution model of city hall ,city management should be handed over to a &quot ;based purely on their law enforcement and administrative quality &quot ;selected Manager ( Manager ) .
And administrative independence be clearly specified :&quot ;in addition to the question the purpose of the Council ( Council ) ,and its members should only by the city manager to handle the administrative service ,and the Council or any member shall be publicly or privately on the municipal manager of any subordinate command .
&quot ;finally, in Taylor in the early twentieth Century put forward scientific management theory ,the public service field also launched a science management movement to the new era ,scientific management to become recombinant rapidly growing federal agency theory.
This theory requests the court with respect to scientific management and administration specialized experience. The scientific and rational organization ,political neutrality and administrative independence, become manage water ,ports ,Jeremy Scott Adidas,bridges ,parks and other infrastructure, basic principles administrative mechanism of political neutrality clearly contribute to the management of government, but also reduced the government control until nineteen ninties ,the traditional administrative mode is changed .
2 &quot&quot ;new public management ;to 1990,the United States launched a &quot ;new public management ( New &quot ;Public Management ;NPM while &quot ) movement ;new public management &quot ;develop the useful and discard the useless old orthodoxy, it inherits their separation and efficiency priority and other core concepts Gore vice President presided over the national performance review report pointed out :&quot ;this review reports and political unrelated HH we hope to improve government management will become a part of the work of the government ,regardless of which party master power .
&quot ; in order to achieve this goal ,&quot &quot ;new public management ;adopt very different means . First ,&quot &quot ;new public management ;basic orientation is the result rather than the process.
It is believed that ,in order to achieve good results ,public administration should make full use of market competition through privatization ,ADIDAS Porsche Design P5000,or make the agency more similar to private enterprise ,in order to provide more goods and services.
Secondly ,&quot new public management ;&quot ;that traditional process control to obtain government efficiency is not enough to make it rigidly uniform ;&quot ;&quot ;mm the provisions of such central unified personnel management and procurement rules for node mm Because of public administration especially harmful.
In the late 70 ,the Congress in various administrative institutions established an independent Ombudsman ( inspector general ) ,found that the official &quot ;tube too dead &quot ;,makes the latter at work, dare not go .
&quot &quot ;new public management ;emphasis on public service cancellation control ( deregulation ) ,i.e. removal of personnel ,funds and working method of limits, against strict centralized hierarchical control ,put the power to the employees ,to stimulate the flexibility ,enthusiasm and creativity .


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