Study On Litigation Approach Of Personnel Administrative Disputes

Personnel administrative acts studied in this essay refer to internal personnel management issues occur between administrative organ and its staff members. According to Administrative Procedural Law, the personnel disputes arising from management relationship within the administrative org cannot be directed to the judicial system for any legal relief. The relieves to the administrative staffs are offered by the administrative organ itself in such ways as administrative appealing, administrative supervision, and personnel dispute arbitration. However these kinds of remedies from the administrative organ are not sufficient enough to protect the right of administrative staffs as they are exposed to the risk of injustice from the malpractice of the administrative organ. With the development of human rights and a closer relationship of administrative power and judicial power, especially the evolution of special power relation theory, there is a trend to put personnel administrative disputes within the scope of judicial review system.Supported by the current theoretical development and the current status of administrative procedural law, this essay supposes to put personnel administrative disputes under judicial review, and suggests a theoretical structure of the Personnel administrative litigation procedure, in the hope that personnel administrative dispute could be finally brought before the judge, so that the legitimate rights of both parties could be well defined and protected.