With the series of interpretation by the Judicial Yuan, the relationship between our civil servants and the state seems to have been changed from one of special power to that of functions in public law. However, it is known that, by analyzing the development of the relationship between the state and the civil servants and by studying the limitation on and protection of the rights of civil servants, currently our legal system regarding personnel and its practice still carry the hue of special power. For example, the applicability of law retention principle is limited and the legal system is yet incomplete; the basic human rights (particularly the right to participate in government) are not completely protected and the legal system has not been set up yet; and the sustenance in permission of administrative litigation is strict and the standards are inconsistent. As such, although the relationship between our civil servants and the state is oriented as one of functions in public law, however, its main purport has not been fully realized in the legal system regarding personnel and the practical operation. It is hoped that this paper will serve as a reference for the study and amendment of relevant laws and adjustment of practice to be made by competent authorities in order to solidify the legal system regarding personnel and protect the rights and interest of our civil servants.