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免职是我国公务员制度中重要的用人手段,本身不带有惩戒性和贬义色彩。但随着行政问责制度的兴起,免职在我国立法和实践中逐渐成为一种问责的形式。由于缺乏程序和免职后重新任职规定,致使实践中免职反而成了被问责公务员的保护伞,从而偏离了免职的本来含义。未来的立法应该严格遵循《中华人民共和国公务员法》(以下简称《公务员法》)的立法精神,一方面明确免职就是一种用人方式,不是一种独立的责任方式,仅仅可能是责任的后续或结果,另一方面要细化免职的程序。
Dismissal is an important means of employing people in the civil service of our country. It does not itself have the character of discipline and derogatory. However, with the rise of administrative accountability system, dismissal has gradually become a form of accountability in our country’s legislation and practice. Due to the lack of procedures and re-appointment after dismissal, dismissal in practice has instead become an umbrella for being an accountable civil servant, thus deviating from the original meaning of dismissal. Future legislation should strictly abide by the legislative spirit of the Civil Servants Law of the People’s Republic of China (hereinafter referred to as the “Civil Servant Law”). On the one hand, clear dismissal is a form of employment. It is not an independent responsibility but merely a follow-up to the responsibility or As a result, on the other hand, the process of dismissal should be refined.