Research Staff Of The Institutions The Right To Relief Mechanism

The institution staff members are a special groups of our country's workers. For long, Institution staff members,because of the particularity of their nature and status, when they have any dispute during therir work, their right often cannot obtain the powerful relief. Today, we advance institution system reform vigorously in the nation, in view of Institution staff member's right relief question,relevant laws and regulations formulated by the state in the solution of practical ways of conflict which is still single, not effectiveness. For this phenomenon,combined with relevant institutions staff rights dispute case, this paper deeply discussed how to construct institution staff member right relief mechanism in China. Then made demonstration of the inadequacy of the laws and regulations involved in the settlement of the current dispute.after that,with the reference to the various domestic and foreign meaningful approach,view of the current status of the various relief measures, put author's proposal, with the expectation that can promote the establishment and consummation of institution staff member right relief mechanism.This paper is divided into five parts. The first part introduce the actual case which was quoted by this paper, according to the facts of the case leads to the discuss issues for summary of this paper, That is, the staff of public institutions in the face of their own rights and interests should be how to safeguard against the problem. Under the current relevant laws and regulations, when the court hears the case,they can ony reach a limited extent in safeguarding the rights and interests of the staff and institutions, the focus of controversy between units and The Institution staff members still cannot be regulated through legal channels. Institutions staff members are still in a weak position when they are in the event of a dispute with their work units.The second part outline institution staff member right relief mechanism now in china.First,introduce the basic content of institution staff member right relief mechanism,give interpretation of its concept. Then, distinguish types of related relief mechanisms. After that,do a rational analysis of it, analytical thinking its reality and legal basis separately.The third part systematically review the history of institution staff member right relief mechanism. Analysis the present specific remedies which are against some of the existing groups. Later, think of some of the shortcomings and inadequacies of institution staff member right relief mechanism in China.The fouth part is one focus of this writing. Describ and explain the basic theory on the construction of institution staff member right relief mechanism in China. First of all, List the fundamental legal principles to be followed during institutions staff members' right relief,mainly,they are relief ways and adapt to the principles of the relief act, the principle of proportionality, give priority to the principle of internal relief, the ultimate principle of judicial relief,and so on. Next, show basic requirements to the construction of that mechanism. Last, think about the value orientation of institution staff right relief,there are three orientations:accroding institution staff member right relief mechanism, safeguard the authority of the state power; the balance between efficiency and fairness in institution staff member right relief mechanism; fundamentally embody the "people-oriented" value connotations.In the fifth part,discuss construction of the specific systems on institutions staff members' right relief on the basis of the previous text. The rights of the staff of public institutions will be relief in accordance with its internal and external relief assistance to carry out two parts of the system building. Internal relief proposals are established within the personnel dispute mediation board in the institutions. External relief proposals include that: improve personnel arbitration system, and gradually move closer to the labor arbitration; expand the scope of the litigation, strengthen the protection of the rights of vulnerable groups in institutions staff members.