The Personnel Dispute Arbitration Number Of Issues For Study

With the development of society and economy and deepening of personal system reform, the arbitral system for personal dispute has grown out of arbitration for personal shift dispute. Personal dispute arbitration opened a new field for personal work during the reform. Now many problems come out of the involvement with the personal dispute acts such as low level legislation and bad joint in judicature. All those problems should be studied in theory and reasonable suggestions be brought up for them because it has a great meaning for establishing a modern personal system, deepening the personal system reform, safeguarding the interests of employers as well as the employees, and maintaining the social stability.Based on the reality and status of the development of personal dispute system, the paper does a systematic research into the basic theory of personal dispute system with an emphasis on the problem which deserves attention and occurs in the arbitral acts.The personal dispute arbitration system is a huge progress in China, but also it after all belongs to the Jun. step of rolling lawmaking. So far as the administration lawmaking layer goes, low law layer, good concept and complicated operation. So some important law theory questions needs to be researched sincerely. The paper gives a specific discussion of the influence on personal dispute acts and the inherent drawbacks of judicial explanation of Supreme People's Court. On the other hand it puts forward measures to reform and consummate it in five ways and presents a prospect of the future development of the system.The personal dispute arbitration system breaks a new path for dissolving the personal dispute. Any one system development and perfect need one process and the personal dispute system is like so. It only produced from the practice and checked in the process of practice, alsocontinuously improved in the practice. For the personal dispute system appears some questions during these years, we must study to point to these questions to perfect the personal dispute system. The paper sums up some questions in these points after analysis and summary. The first one is the cognition do not unify about the personal dispute arbitration committee. The second one is blurry receiving case region mainly includes no qualitative explanation, no detail examples and no clear partition between the personal dispute arbitration with labor dispute arbitration. The third one is presidial question. The fourth one is the question of onus probandi. The fifth one is the question of the period of time validity. The sixth one is the question of jointing with the justice.Innovating and improvement the personal dispute arbitration system is a complicate system project and its core work is advance the lawmaking layer. On the other hand some theory and technical questions need to be discussed and researched aiming at the detail characteristic of the personal dispute. The paper puts up relevant Innovation and improvement measures by studying the practical question exiting in the personal dispute arbitration system in seven layers. The first is enhancement lawmaking layer of the personal dispute arbitration system witch is the first lever task. The second is that scientific determine the nature and analysis the personal dispute and the paper think that personal dispute should be classified four kinds includes the dispute of entering or leaving department, the dispute of estate moving relation, the dispute of executing, alteration and relieving contract and other disputes. The third is that improvement onus probandi. The fourth is improve the presidial rule. The fifth is that improvement the period of time validity. The sixth is to widen the way of judicial almsgiving. The seventh is that enhance administration justice explain proposals.Innovation and perfection the personal dispute arbitrate system is a part of modem system in China. As improvement the personal dispute arbitration system we need to base our country situation and point to therequirement of the practical personal management system and the personal system innovation to dissolve effectively the personal dispute. On the other hand we need to combine overseas advanced experience and excellent law system with our personal arbitration system to build up ourselves "China Feature" and internationalization modem personal system.