On The Mechanism Of Personnel Dispute Resolution In Public Institutions

Public institutions are the result of the planned economic system of China, and the social organization with Chinese characteristics, as well as the main body bearing various undertakings. Public institutions are an important public sector and they take up a substantial proportion of employment in China. Under the traditional planned economic system, employees in public institutions are cadres of the State in a purely administrative legal relationship with the institutions. This means that the personnel system of public institutions is closely related to administrative level and is characterized by lifetime employment. As a result, there could be few disputes over personnel affairs in the public institutions under such personnel system. After the inception of market economy, the traditional personnel management system has become increasingly incompatible with the integration of market. Thus, reform is imperative under such situation. In 2000, the central government put forward a policy to carry out terms appointment system reform of personnel system and post management system as a key point to deepen the reform of personnel system of public institutions. The terms appointments system leads the personnel management of public institutions transferring from Identity to Contrast. After bringing in employment revolution in public institution, talents will flow inevitably. Simultaneity owing to imperfectness of personnel law and regulations, nonstandard personnel management, defects of employment contracts and various other reasons, the personnel disputation in public institution will increase. The legal rights and benefits of public institutions and its labor are threatened; hence establishing an efficient deputation resolving system to accommodate public institutions' personnel system revolution becomes urgent. Based on the Ministry of Personnel "Rules of personnel disputes settlement" and the Supreme People's Court "Rules on Judging Personnel Disputes Case of Public Institution", this thesis discusses the relevant issues in the current personnel dispute resolution system. Then, it should make some suggestions for the perfection of dispute resolution system mainly in four aspects:First, public institutions will be classified according to attribute. One part will be merged into labor relation adjusted by labor law and the other will be ascribed to civil servants system regulated by civil servant law. Second, there will be effective link between personnel arbitration and judicial judgment. Third, personnel dispute mediation system should be established. Fourth, personnel legislation should be improved.