Thoughts On And Structure Of Personnel Arbitration System

In China, two systems deal with disputes between laborers and employing units,they are labor arbitration and personnel arbitration. However, due to its inherent and acquired deficiency, neither the function and structure nor the team of the personnel arbitration system is perfect and it actually can not protect the legal rights of the interested parties. In fact, among the three kinds of laborers who are applying to the personnel arbitration system, the personnel relation in the administrative organs belongs to the public law and shall be applied to the Public Official Law. Secondly, the personnel relations in the enterprises belong to the category of Social Law and shall be applied to Labor Law. Lastly the relation between the public interest units and their laborers is not different from the labor relation, thus shall be applied to the Labor Law and this is more beneficial to the laborers. Since the adjusting targets of the personnel arbitration have been divided into two categories, the personnel arbitration system shall be concluded. The author also considers that the socialized transformation of the labor disputes system also offers a prerequisite for it.This paper is divided into three parts.The first part focuses on the current situation and arguments on China's personnel arbitration system. It analyzes the situation of the three kinds of laborers adjusted by the personnel arbitration system and shows that due to the defects of personnel arbitration system it can not protect effectively the legal rights of the interested parties of the personnel disputes. There are different opinions on whether abolish or preserve this system either among the scholars or among the practitioners. The second chapter is about the rational criticisms of China's personnel arbitration system and this is also the most important part of the paper. With the analysis on the essence of the labor relation and personnel relation and also with the comprehension of the purpose of labor law and the essence of the labor relation, this part points out the tendency that the subjects of the labor relation is becoming wider and wider. Thus personnel relation in the enterprises shall be applied to the labor law and the personnel relation in the administrative organs shall be applied to the public official law. So due to its inherent and acquired deficiency, the personnel arbitration system shall be concluded. Only through this way can avoid the resources being wasted.The third part concerns with the exploration of the personnel relation system in the future. This chapter composes of two sections. The first section gives analysis of the administration tendency of the current labor arbitration system and shows that the socialization of the labor arbitration system is the only way to solve this problem. With a comparison of the relief system and the social insurance system formulated for the pubic officials in China and the other countries, the second section draws the conclusion that we shall enhance the legislation level of public official law and protect the rights of the public officials adequately.