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Construction, Functions and Limitations of Special Personnel Legal System / Wu Tai-Cheng

Division of regular and special personnel legal system for public servants is not a legal term, although it can be discussed academically and help analysis and improvement in practice. In the current legal regulations, construction of special personnel legal system can be divided into space special, time special, recruitment methods special, institute mission special, post special and salary special, etc. This makes people feel that the secondary (special) supercedes the primary (regular). The purpose of establishment of special personnel legal system shall carry out the basic functions of merit principles, improving the performances, flexible and practicals simple and precise. Attention shall be paid to legal principles on the contents, which include: 1) carrying out of the recruitment policies under the Constitution, 2) distinction between standing and non-standing personnel, 3) reasonable balance of rights and obligations, and 4) proper measures for legal system and authorization.

It is suggested that the current special personnel legal system be reviewed under the above principles for establishment and correction on the structure in order to make the personnel legal system sounder.