The Research Of University Personnel Dispute Processing Mechanism

With the development of China’s market economy and the deepening of the reform ofthe cadre and personnel system, the difference in the employment system of state organs,enterprises and institutions is becoming more pronounced. The connotation of "humanrelations" also tends decompose. In1994, Labor Law of PRC provisioned the internalimplementation of all employees signing labor contracts. Managers and technical staffs arefully integrated into "labor relations" category. Subject to the adjustment of the Labor Law,in2006, the Civil Servant Law provisioned the human relations of those governmentagencies staffs who have official staffing recommendations fully incorporated into therange of adjustment of the Civil Servant Law. Since2000, the Institutions began to carryout the employment system step by step to the contract form to determine the basic humanrelations and institutions and staff.However,there are more and more problems appearing with the personnel systemreform of university.As a unique kind human relations different from the Labor relations ofThe Market Economy System and the Civil Service System,it is necessary to build up aspecial dispute settlement mechanism for the human relations of university.It makes nosense just referencing other laws or provisions blindly.In this paper,we will firstly have a brief understanding of the concept、contents andcharacteristics of the university personnel disputes.Then,we can see a deep analysis of thedisadvantages and conflicts of current law.In July2014,The ministry of human resourcesand social security enacted the provisions of Business unit staff complaints.It seems to be agood news for the university staff,but actually,there are many overlaps and conflicts withLabor dispute arbitration law,it is questionable about how to use this provisions.Finally,we will have a discuss about the improvement and supplement of thepersonnel dispute resolution mechanism.Fundamentally,we shall publish unified law of thisproblem,and then,we can set up a comprehensive litigation mode based on negotiation andmediation step by step.The inherent characteristics of university personnel disputes determined the personnel dispute resolution mechanism should be diversified but notsingle and fixed.Therefore,we should attach great importance to the positive effect ofcomplaint,building a system of complaint and arbitration and finally entering litigation,it issignificant to safeguard the legitimate rights and interests of citizens.