A study on the Performance－The New C Rating System for Civil Servants

• Main Authors: Po-Wei Chen, 陳柏瑋
• Other Authors: TUNG-JUI CHANG
• Format: Others
• Language: zh-TW
• Published: 2011
• Online Access: http://ndltd.ncl.edu.tw/handle/56636388658409763406

碩士 === 國立中央大學 === 法律與政府研究所 === 100 === Examination Yuan in response to administrative reform in April 2010 to complete the draft amendments to Civil Service performance appraisal method, and send to Legislative Yuan for deliberation, to implement the award of the superior and eliminating the inferior performance purposes, does not apply to any person erected an exit mechanism. But in this way affect the draft amendment concerns the public service interests, so this study is to draft amendments to the appraisal method, the Civil Service test column C rating year-end performance, caused by the examination of the impact of those basic rights, legal disputes rights violations and issues, and how to strengthen and protect their fundamental rights review. This article from the perspective of protection of fundamental rights, admits the new system after the implementation of C rating performance will result in the rights of public servants against the public service, it followed from the principle of legal certainty, proportionality and the principle of equality, whether they have the constitutional review of justify the foundation. Again it is the performance assessment process by the procedural safeguards reviewed. How to strengthen the program by the persons the right to provide complete protection of their rights and interests, service authorities and to whom a fair and objective appraisal. Next, this new system under test for the performance of the column C rating by the test person, the way how to give proper relief, and to explain the Grand Justices, and the Civil Service Protection and Training Commission of the relevant decisions to be analyzed. Review performance against the new system under test by the test person''s relief column C rating channel selection, by examination relief program in the program should enjoy protection, and Civil Service Protection and Training Commission for performance assessment of quasi-judicial review of the decision of the density problem. Hereby, this article will summarize the conclusions above, serve to provide future performance running the new system, under the new system be able to test out C rating of public servants, the dispute arising helpful and made our future the new system of legal norms for the performance should reforms and the recommendations.