免职是我国公务员任免的重要方式之一,与撤职、降职、降级、罢免有别。近年,免职的性质由用人方式扩展到问责形式,免职的情形逐渐明晰化、具体化,免职后的重新任用机制逐渐获得重视并开始制度化。从行政法来看,关于免职的规定,党的文件多于法规,法的层级较低,法律性质规定不一致,缺乏程序规定。未来的立法应该明确免职就是一种用人方式而非惩戒方式,同时要细化免职的程序。 Dismissal is one of the important ways to appoint and dismiss civil servants in our country. It is different from dismissal, demotion, demotion and removal. In recent years, the nature of dismissal has been extended to the form of accountability by means of employing people. The situation of dismissal has gradually been clarified. As a result, the re-appointment mechanism after being dismissed has gradually been given priority and institutionalized. From the administrative law point of view, the provisions on dismissal, the party’s documents more than laws and regulations, lower levels of law, the nature of the law is inconsistent, lack of procedural requirements. Future legislation should be clearly dismissed as a method of employment rather than punishment, and at the same time to refine the procedures for dismissal.