The Abolition Of The Personnel Dispute Arbitration System In China

Personnel disputes refer to disputes among personnel relationship parties arise from divergence about the rights and liability during the personnel management For specific historical reasons, China has formed its unique personnel relationship disputes arbitration system. But in fact, most parties regulated by this system should below to the sphere of the labor law, which is traditionally regarded as a branch of the economic law in China, and the rest to the civil servant law.Disputes arise from the employees and the employing units are regulated separately by labor disputes arbitration and personnel relationship disputes arbitration. The personnel disputes arbitration system has a lot of defects and thus cannot protect the parties' legal profit effectively.The employees regulated by personnel relationship disputes arbitration system can be classified into three kinds, the personnel relationship below to the sphere of public law and should be regulated by civil servant law; the personnel relationship in enterprises should be regulated by the labor law; the personnel relationship between the non-profit organizations and their employees is the same. Being as a separate personnel relationship disputes resolution system, the personnel relationship disputes arbitration system need not to exist any longer.This paper can be divided into three parts:The first chapter is about the fact and problems of China's personnel relationship disputes arbitration system. It analyses its regulation sphere and defects. The second chapter is about the opinions and reasons to preserve or deserve the personnel relationship disputes arbitration system. In this paper, some comments on these opinions are also expressed. The third chapter discusses the abandonment of the system from the perspectives of the lack of social circumstances, the labor law nature in personnel relationship, and the substantive nature of other law system to the personnel relationship disputes arbitration system. The forth chapter provides some suggestions to perfect China's future legal construction dealing with personnel disputes, especially the non-administrative trend of labor arbitration and the legal relief measures offered to civil servants who have been adversely treated.