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公民服公职权具有相对性,可以通过法律对其予以限制。我国在中央机关公务员报考条件中设置的两年基层工作经历的限制,是为了增强中央机关公务员对基层工作的了解,以提高其服务水平和服务能力,具有目的适当性;比较而言,尚无其他途径可资利用以达到同样效果,故这种限制有其必要性;同时,这一限制的手段与目的之间也大体体现了均衡性。因此,这一限制符合比例原则,系对公民服公职权的限制,而非歧视,具有实质正当性。但是,从目前来看,这一限制违反了法律保留原则,缺乏形式合法性,应当通过立法予以改进。
Civil service public service has the relativity, it can be restricted by law. Our two-year grassroots work experience set in the conditions for the civil service examinations for the Central Government is limited in order to enhance the understanding of the work of the central government civil servants with grassroots work so as to enhance their service level and service capability, and for the purpose of comparison, there is no Other ways can be used to achieve the same effect, so the restriction has its necessity; at the same time, the means and purpose of this restriction also generally reflect the balance. Therefore, this restriction is in line with the principle of proportionality and is a restriction of citizens’ public service authority, rather than non-discrimination. It is of substantive legitimacy. However, judging from the current situation, this restriction violates the principle of legal reservation and lacks formal legitimacy and should be improved through legislation.