On Personnel System Reform And The Legal Mechanism Of Personnel Dispute Resolution In Public Institutions

Public institutions are the result of the planned economic system of China, which are responsible for public welfare. 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 little dispute 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.This thesis first introduces the characters and evolution of the traditional personnel system in public institutions and then combining describing and analyzing revolution already taken of the public institution's personnel system and relative problems, this paper further analyze the contractualized development trend of personnel system in public institution. Meanwhile it declares along with the consolidating of labour market, the personnel relation of public institution will disintegrate eventually and partly be merged into labour relation adjusted by labour law among whom some are ascribed to civil servant that are administered by civil servant law. On this basis, after collecting, coordinating, thinking of related material as well as combining current revolution of public institution, this paper mainly analyzes the basis of contracting personnel system, personnel employment contract system. By probing into the innovation trend of employment contract system as well as standardizing contract, it points out difficulties in implementing employment contract currently and countermeasures. It indicates employment contract will be ascribed to labour contract eventually. After bringing in employment revolution in public institution, talents will flow inevitably. Simultaneity owing to imperfectness of personnel law and regulation, 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 labour are threatened; hence establishing an efficient deputation resolving system to accommodate public institutions'personnel system revolution becomes urgent. Based on case study, this thesis discusses the relevant issues in the current personnel dispute resolution system. Then, we make some suggestions for the perfection of dispute resolution system mainly in four aspects: gradually widening the range of accepting personnel disputes with a reference to the range of accepting labor disputes; improving the organizational structure of arbitral bodies, advocating civilianization and socialization of personnel arbitration, and establishing an independent and unified personnel dispute arbitration committee with arbitration elites; expediting the unification of personnel dispute arbitration and labor dispute arbitration with an ultimate view to establishing a unified arbitration system; establishing a resolution pattern of"arbitration or trial"under current national situations as the intergrade to a unitary dispute resolution pattern. The reform of the personnel system in public institutions is a systematic work, which calls for systematism and moderation in the reform process.