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《公务员法》明确规定了公务员对于上级违法命令有不服从的权利,这样一种制度设计对于维护公共利益、坚持依法行政和落实公共责任显然具有价值优先性和正当性,然而实际的操作往往很难把握,应该进一步思考如何从实践层面落实这一制度。
The Law on Civil Servants clearly stipulates that civil servants have the right to disobey higher order violations. Such a system design is clearly of value priority and legitimacy in safeguarding the public interest, upholding the administration according to law and implementing public responsibility. However, the actual operation is often very Difficult to grasp, we should further think about how to implement this system from the practical level.