Current Situation Of, Studies On And Development Of Chinese Personnel Dispute Settlement Mechanism

Chinese personnel dispute settlement mechanism mainly includes such three systems as personnel dispute mediation, personnel dispute arbitration and personnel dispute litigation, featuring a late start, a weak foundation and a uncomplete set of systems. Chinese personnel dispute settlement mechanism has occurred with the development of Chinese economy and society d and the deepening of Chinese personnel system reform, mainly due to a substantial flow of talents newly occurred. Among them, personnel dispute arbitration has occurred firstly, initially limited to talent flow disputes, and then applies to more disputes, and finally has the nowaday meaning. Personnel dispute arbitration is a kind of administrative judicial activity. It means that a personnel dispute arbitration committee carries out mediation and decision activities for personnel dispute cases submitted for arbitration according to laws. It's an important issue of job title appointment to deal with personnel disputes arousing of the implementation of appointment contracts. The dispute arousing of the implementation of appointment contracts is a kind of contract dispute, and it's fairly poper to settle thus dispute through personnel dispute arbitration. The introduction of personnel dispute arbitration system into administrative affairs, on one hand, can advance administrative personnel work to be managed according to laws, and on the other hand, can help fully safeguard legal rights and interests if the two parties, because with the interaction of personnel dispute arbitration system and judicial practices and the occurrence of personnel dispute litigation system, the two parties can bring the dispute to a people's court with the jurisdiction over the dispute. In recent years, aiming to help build a harmonious socialist society, and keep the society stable, studies on personnel dispute mediation system have made a considerable progress. As an important part of personnel dispute settlement mechanism, establishment, improvement and development of personnel dispute mediation system will surely have a significant influence on traditional personnel dispute settlement mechanism.This paper will focus on Chinese personnel dispute settlement mechanism, combine personnel dispute settlement mechanism with local governmental administration, especially personnel administration, and through analysing current situation and existing problems of Chinese personnel dispute settlement mechanism, under the principle of proper settlement of personnel disputes and keeping a harmonious and stable personnel relationship, utilizing advanced theoretical study results and practical operation experiences, try all efforts to reach a certain breakthrough and innovation regarding system design. Taking Chinese personnel dispute settlement mechanism-an emerging field of local governmental administration as an important study traget, and combining current advanced ideas of dometical and foreign local governmental administration, the paper carries out innovations of theories and practices regarding personnel dispute mediation, personnel dispute arbitration and personnel dispute litigation, and puts forth organization structures, operation rules and processes of personnel dispute mediation; improves personnel dispute arbitration through borrowing ideas from the Law of the People's Republic of China on Employment Contracts and other related laws and regulations, and normalizes personnel dispute arbitration through process and system design, and then puts forth advices on legislation and direction of development; with reference to foreign legislation practices, and combining Chinese current situation, judical practices and local governmental administration experiences, puts forth a fairly proper process design regarding personnel dispute litigation; and finally, carries out a conclusion, planning and outlook regarding the whole Chinese personnel dispute settlement mechanism, so that the system can really be an extremely important part of local governmental administration, especially personnel administration, and play its deserved role.