Study On The Personnel Employment System Reform In Public Institutions And Legal Settlement Mechanism Of Personnel Dispute

Considering the ongoing reform practice adopted in public institutions, this paper, in which a combination of normative and empirical research methods is applied, first analyzes the features and evolution of personnel system in traditional public institutions, then researches the personnel system reform trends and proposes that though employment reform is still in its transformation phase, the unified available labor relations will be the development trend of personnel system reform of public institutions with the deepening of reform.This paper focuses on the Employment Contract System of public institutions, the current status of Employment Contract System and the standardization of signed contracts etc. The study cites some problems and their corresponding solutions during the process of staff recruitment at this stage to explore the specific positioning of employment contract, and then puts forward that in the current reform process employment contract law should abide by both "Labor Contract Law " and special laws legislated by personnel management of public institutions.The implementation of employment system reform will inevitably lead to talent flow. Imperfect personnel law, irregular personnel administration operation and problems of the contract itself have resulted in more and more personnel disputes occurring in public institutions. Besides, staff’s legitimate rights and interests will be subjected to abuse at any time, so it is of great urgency to conduct and establish an effective dispute settlement mechanism, which will serve as the supporting system for personnel system reform in public institutions. This paper discusses several remedy approaches to deal with personnel disputes in public institutions at this stage and summarizes main problems in remedy approaches such as imperfect applicable law, narrow scope of accepting arbitration cases on personnel dispute and improper relationship between arbitration and judgments. What’s more, some suggestions on how to improve the personnel dispute settlement mechanism are put forward.