The Problem Of The Personnel Dispute Litigation And The Measures

The term “human relations” is the unique Chinese vocabulary, before the formation of the Market Economy, this word represents power, which means government officials, has very strong administrative formation. However, the formation of The Socialist Market Economy leads a reform of the institutions, and then the form of employment in our country starts dramatically, leading many new personnel disputes. The existence of such disputes in China has a very long history, but it is only permitted to solve the disputes through the internal administrative systems. Resolving the dispute through the personnel dispute litigation is an important way to maintain social stability. In recent years, the number of personnel disputes rise up quickly, more and more complex and new types appear. The emergence of this new situation for personnel dispute litigation confront with higher requirements to resolve conflicts fairly and rationally. Personnel disputes litigation has not formed for a long time, many aspects are still exploring, which is not in line with the value of the pursuit of fairness and justice. Analyzing of existing personnel dispute litigation problems and proposing solutions for promoting the rule of law has an important role in the progress of law.Through the author’s analysis, the problem between the personnel dispute abstraction and the litigation,the problem in the law applicable and the problem in the scope of the case obscure. Then, combined with the labor law applicable, the author give these suggestions, including to propose personnel disputes in to the scope of labor litigation case, and put forward the legal arbitration into agreement. And also the legislature must standard all the rules about the personnel disputes. And the last it’s necessary to expand the scope of the personnel disputes litigation. Through these measures, hope to improve the current personnel disputes litigation. This paper is divided into four parts:In the first part of the paper, the author study all the concepts on the basic of personnel disputes involving firstly, and then, give the definition of the personnel disputes and the personnel disputes litigation. At the last the author contrast the personnel dispute litigation to the other similar concepts like labor disputes and labor disputes and litigation to point out the basic concept of personnel disputes.In the second part of the paper, the author discusses the background of personnel disputes litigation, and analyzes the status of personnel disputes, and points out the problem existence in the personnel disputes. The contents of this section, the author analyzes the problem existence in the personnel disputes very detailedly.In the third part of the paper, the author give some solution to the problem of the personnel dispute litigation. including to proposing personnel disputes in to the scope of labor litigation case, and putting forward the legal arbitration into agreement. And also, the legislature must standard and all the rules about the personnel disputes. At the last, it’s necessary to expand the scope of the personnel disputes litigation. The contents of this section, the author analyzes the idea about put personnel disputes into the labor dispute litigation detailedly and give some reason to prove which is reasonable and necessary.In the fourth part of the part, the author give a detailed analysis of the idea about putting personnel disputes into the labor dispute litigation from four aspects.