Research On The Scope Of Litigation Of Personnel Disputes In Colleges And Universities

Under the background of employing system reform in public institutions,all kinds of personnel disputes emerge one after another,far beyond the legal system of personnel disputes scope of the case.The traditional solutions to the personnel disputes in public institutions in our country are not enough to make college staff fully relieved.In the normative system level,the scope of personnel disputes is severely restricted,compared with the scope of judicial acceptance of arbitration and labor disputes are relatively narrow,and norms to judicial interpretation and administrative regulations or departmental rules and regulations,the lack of law normative documents,which will lead to the plight of the staff college judicial remedies blocked.In judicial reality,the author adopts the empirical research method of judicial cases to take the personnel disputes directly under the Ministry of Education as samples,analyzes the functions of the court in settling personnel disputes and finds that the court is in the process of handling whether personnel disputes belong to the scope of acceptance the referee scales are not uniform,and presents complex relationships with the handling of labor disputes.The reason why the current situation of judicial acceptance of personnel disputes in colleges and universities exists is that the traditional public law attributes of personnel disputes are influenced by the theory of special power relations in administrative litigation in our country.With the development of the reform of employment system,the contract of employment is taken as a constraint to colleges and universities and their staff One of the reasons why the public law attribute of the main methods and personnel relations are gradually declining,but at the same time it leads to the disorder of judicial adjudication,is difficult to determine the nature of the employment contract.By comparing with the civil contract and the labor contract,the employment contract and the labor contract are of the same nature,characterized as a special labor contract.This is related to the merging of personnel disputes and labor disputes and the scope of application of the Labor Contract Law,all of which are related to the inclusion of the same nature of labor dispute and labor dispute.Through the analysis of the current situation of judicial acceptance of personnel disputes in colleges and universities and the determination of the nature of personnel disputes,the further question to be answered is whether there is a need for adjustment in the scope of judicial acceptance of personnel disputes under the employment system reform.In addition,Based on how to make adjustments.Under the background of hiring system reform,the scope of judicial acceptance of personnel disputes in colleges and universities in our country is still limited to resignation,dismissal and the necessity to adjust the status quo of the employment contract disputes.The justification for adjusting the scope of accepting the contract is to moderately expand,From the relationship between administrative appointments and civil equality consultation,and the existence of college workers as workers labor rights,college staff enjoy the right to appeal,the exercise of rights need to obtain judicial protection.Whether the personnel dispute should be included in the standard of personnel disputes is the dispute between equal subjects or the employment contract,and it is about the rights of citizens.The specific program for adjustment adopted a combination of summary and enumeration of legislative models to meet the three criteria of personnel disputes into the scope of judicial acceptance.The scope of judicial acceptance of personnel disputes can be expanded appropriately in the form of legislation to protect the rights of litigation and labor rights of staff in colleges and universities to obtain the opportunity of judicial remedy.In the legal aspect,Change the relationship of equal consultation,respond to and promote the employment system reform of our institutions.