A Study On The Scope Of Accepting Cases Of College Teachers' Personnel Disputes

Along with the tide of personnel reform in public institutions in China,the personnel relationship between teachers and universities is undergoing corresponding changes,and the situation of personnel management using planning and administrative methods has been gradually broken.On the one hand,in the process,the concept of teacher'rights is gradually strengthened,which greatly stimulates professional independence and gains the ability to paly games with universities;on the other hand,universities still have a certain dominant position in the relationship between the two based on their traditional administrators and employers.This phenomenon can easily cause disputes and conflicts between the two parties,at the same time,the employment system with establishing employment contracts as the main measure has also resulted in an increase in the types of personnel disputes between teachers and colleges in practice.However,as the scope of cases involving personal disputes are relatively narrow at the current stage,and most of them are regulated by judicial interpretations and administrative or departmental regulations,the types of personnel disputes in practice are far beyond the scope of admissibility of personnel disputes as required by law,resulting in legal remedies for college teachers obstruction,legal rights and interests cannot be effectively protected,which in turn will affect the progress of the employment system reform.Hence,defining the scope of accepting cases and strengthening the connection between arbitration and litigation have become the main ways to improve judicial remedies for college personnel disputes.The first part of this article takes 129 Chinese judgment documents(hereinafter called 'documents')as the research object,the statistical of the selected documents is conducted from eight aspects,and analyzes the status quo and main features of the litigation of personnel disputes among teachers in Chinese colleges and universities.Through the statistical analysis of the basic information such as the litigation situation and the teacher's winning situation,and the statistical analysis of the acceptance characteristics such as,the connection situation between litigation and arbitration,the first part of this article finds out the existing problems of personnel disputes among teachers in college and universities.The second part of this article analyzes the documents and explains the problems of the narrow scope of accepting cases of personnel disputes and the ineffectiveness of the arbitration procedures in practice.In the case of personnel disputes,on the one hand,through comparison with the scope of judicial acceptance of labor disputes,the current status of the narrow scope of judicial acceptance of personnel disputes is confirmed;on the one hand,the limited acceptance of cases is found through the judgment results of similar cases included in the judgment documents,scope regulations also cause problems of different court decisions.In the arbitration of personnel disputes,the arbitration and litigation have different provisions on the scope of acceptance of the case.The different in the applicable laws of the two causes inconsistent judgment results.In addition,the arbitration and the litigation itself have a low correlation,which leads to the convergence of the two in acceptance and procedure,the poor situation remains unresolved.The third part of this articles analyzes the reasons for the current situation of the scope of acceptance of the cases concerning personnel disputes among college teachers.The attributes of pubic law of personnel disputes have changed in the context of the employment system reform.The nature of employment contracts and the vague provisions for application have made the different understanding during the court trial.The differences in the logic of personnel dispute litigation and arbitration have caused the narrow scope and chaotic situation of personnel dispute cases among colleges and universities.The fourth part of this article is based on the above analysis of the documents and the reasons for the problems,and proposes targeted measures.On the one hand,starting from adjusting the scope of accepting cases for personnel disputes in colleges and universities,expanding the standards for accepting cases and increasing the types of accepting cases.To expand the scope of the personnel dispute,the three criteria including the confirmation of equality of the parties,taking the employment contract as a carrier,and the involvement of civil rights were established,and specific types of scope of acceptance were proposed.On the other hand,strengthen the arbitration and adjudication mechanism for personnel disputes,so as to give full play to the role of arbitration and litigation in dispute resolution and conflict resolution.The convergence of arbitration and trial should ensure the consistency of the scope of arbitration and litigation.With the expansion of the scope of personnel disputes,the scope of arbitration should also be expanded.Adopt special first-instance and second-instance relationship structure in program design.Through the implementation of the above measures,the full coverage of legal remedies for personnel disputes is truly achieved,the rights and interests of the parties are protected,and the reform of the personnel system is promoted smoothly.