Personnel Dispute Relief System Study

Public institutions are the result of the planned economic system of China, which are responsible for public welfare. Public institutions are the important public sector and they take up a substantial proportion of employment in China. Under the traditional planned economic system, the 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, the public institutions were short of special and effective systems for personnel dispute resolution under such personnel system for a long time. After the inception of market economy, the traditional. personnel management system has become increasingly incompatible with the integration of market. Thus, the reform is imperative under such situation. This thesis was made by the method of combining the cultural heritage research and substantial evidence research. Beginning with the brief introduction of the characteristics of Institution and its remedy system of personnel disputes, this article estimates the actuality of the remedy system and the defects of it. With the background of reforming in Institution personnel, the author analyses the relationship between the Institution and its workers though the theory of special authority relation. Based on the analyzing and summing up of the characteristics and values of Institution remedy system of personnel disputes, the author makes suggestions of helping perfecting this remedy system of personnel disputes on several aspects, including laws and regulations, concrete system and remedy system. There are five chapters, apart from the preface and conclusion, discussed as following structure:The first part of the thesis is the brief introduction of the personnel dispute resolution system. It gives some information of the concept change, characteristics, working talent etc which discusses the public institutions of China. Then it introduces the general situation of the personnel constitutes and the personnel system of the public institutions. After that it points out that the public institution's employees were consisted with the professional technical person, manager, worker, etc. And the professional technical person was the principle personnel structure. At the same time, the paper carried on analysis with the limit of the "all pack all tube" way which neglects the personnel to categorize of that person's system and introduced the change of the personnel system in the reform background. Immediately after that it introduces the category and characteristics of the personnel dispute resolution system of the public institutions. And the history of development is also listed. Finally the paper summarizes the important meaning of establishment and perfecting the resolution system, such as saving rights, carrying out the organization target and raising work efficiency, promoting society stability, carry out national talented person's big country strategic and proving the personnel system reform etc.The second part is the condition and limits of the personnel disputes resolution system of the public institutions. And it pointed out various problems of the mechanism such as a great deal of existent resolution blank, want for to unify in the fulfillment, high the law of the rank basis and resolution system spread in disorder confusion etc.From the third to the fifth parts are the textual writing points. The third part is about the personnel relationship of the public institutions. The paper analyzes the process that the theories of the "Relationship of Special Power" in Germany, Japan and Taiwan changed from absolute expelling law reserve principle and judicatory relieve to limited accepting judicatory reviewing, again arrive taking "importance theories" as the standard to break the restriction of management relation and extending the judicial resolution continuously under the influence of the modern constitutional government principle of human rights, rule of law...etc. The paper also introduces its influence to China, and has the result that the personal management of the public institutions of our country is the organization management system which still be influenced by the theories of the "Relationship of Special Power" until now. Immediately after comes the realistic background of the system reform. By combining the theories and the realistic background finally, analyzes the relation of the employment contract and the labor contract, the law relation of the officers and workers.The forth part is the analysis of the resolution mechanism. Summarize the characteristics and value of recheck, report, negotiate, intermediation, personnel controversy arbitrage etc.The last part is some suggestions to perfect the personnel dispute resolution system. It planned to put forward an establishment, perfect personnel dispute resolution of the public institutions by an institutional opinion suggestion from the lawmaking, system establishment. The concrete proposals are the legislation on the personal connections norm, the personnel controversy procedure and the personnel dispute resolution, the perfect of personnel disputes resolution mechanism, carrying out the reasonable division of the labor arbitrate and the personnel arbitrate and to link up the personnel arbitrate and the personnel litigation effectively.