废除我国人事争议仲裁制度的若干思考
发布时间：2018-11-11 12:28
【摘要】：人事争议是指人事关系主体之间，在人事管理过程中，因双方的权利义务发生分歧而产生的争议。由于特定的历史原因，我国形成了独有的人事争议仲裁制度。这一制度调整的绝大多数对象属于劳动法(在我国法学界，传统上被认为属于经济法)的范畴，少部分则应划入公务员法的范畴。 我国对工作人员与所在单位之间纠纷的仲裁可分为劳动争议仲裁和人事争议仲裁。而人事争议仲裁的制度、机构与队伍建设都存在较多缺陷，不能有效地保护人事争议当事人的合法权益。 人事争议仲裁调整的工作人员可分为三类，其中：国家行政机关中的人事关系实质上属公法范畴，应纳入公务员法调整；企业单位中的人事关系应纳入劳动法调整；而事业单位与其工作人员之间建立的人事关系与劳动关系并无二致，将其纳入劳动法的调整范畴。人事争议仲裁作为一种独立的人事争议解决机制，已无存在的必要。 本文由四部分组成： 第一章是我国人事争议仲裁制度的现状和问题。本章分析了我国现行人事争议仲裁的调整范围和缺陷。第二章讨论了保留或废除我国人事争议仲裁制度的观点和理由，，以及本文对这些观点的评价。第三章从社会环境的缺乏、人事争议的劳动法属性以及现行法律对人事争议仲裁制度的替代性角度，该制度的废除问题进行了深度思考。第四章从劳动仲裁的非行政化、公务员受到不利处分的司法救济两个角度，提出了构建未来我国人事争议处理法律框架的一些建议。
[Abstract]:Personnel dispute refers to the dispute between the subjects of personnel relations and in the process of personnel management because of the differences of rights and obligations between the two parties. Due to specific historical reasons, China has formed a unique personnel dispute arbitration system. The vast majority of the objects of this system adjustment belong to the category of labor law (traditionally considered as economic law in the legal circles of our country), and a few should be classified into the category of civil servant law. The arbitration of disputes between staff and their units can be divided into labor dispute arbitration and personnel dispute arbitration. There are many defects in personnel dispute arbitration system, organization and team construction, which can not effectively protect the legitimate rights and interests of personnel dispute parties. The personnel of personnel dispute arbitration can be divided into three categories: the personnel relations in the state administrative organs belong to the category of public law and should be included in the adjustment of the civil servant law, the personnel relations in the enterprise units should be brought into the adjustment of the labor law; The personnel relationship between the public institution and its staff is the same as the labor relationship, which is included in the adjustment of labor law. As an independent personnel dispute settlement mechanism, personnel dispute arbitration is no longer necessary. This paper consists of four parts: the first chapter is the status quo and problems of personnel dispute arbitration system in China. This chapter analyzes the adjustment scope and defects of current personnel dispute arbitration in China. The second chapter discusses the views and reasons of retaining or abolishing the arbitration system of personnel disputes in China and the evaluation of these views in this paper. In the third chapter, the author thinks deeply about the abolition of personnel dispute arbitration system from the point of view of the lack of social environment, the attribute of labor law of personnel dispute and the substitution of current law to the arbitration system of personnel dispute. The fourth chapter puts forward some suggestions on the construction of the legal framework of personnel dispute settlement in China from the perspectives of the non-administrative nature of labor arbitration and the judicial relief of the unfavorable punishment of civil servants.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D922.5
本文编号：2324833
[Abstract]:Personnel dispute refers to the dispute between the subjects of personnel relations and in the process of personnel management because of the differences of rights and obligations between the two parties. Due to specific historical reasons, China has formed a unique personnel dispute arbitration system. The vast majority of the objects of this system adjustment belong to the category of labor law (traditionally considered as economic law in the legal circles of our country), and a few should be classified into the category of civil servant law. The arbitration of disputes between staff and their units can be divided into labor dispute arbitration and personnel dispute arbitration. There are many defects in personnel dispute arbitration system, organization and team construction, which can not effectively protect the legitimate rights and interests of personnel dispute parties. The personnel of personnel dispute arbitration can be divided into three categories: the personnel relations in the state administrative organs belong to the category of public law and should be included in the adjustment of the civil servant law, the personnel relations in the enterprise units should be brought into the adjustment of the labor law; The personnel relationship between the public institution and its staff is the same as the labor relationship, which is included in the adjustment of labor law. As an independent personnel dispute settlement mechanism, personnel dispute arbitration is no longer necessary. This paper consists of four parts: the first chapter is the status quo and problems of personnel dispute arbitration system in China. This chapter analyzes the adjustment scope and defects of current personnel dispute arbitration in China. The second chapter discusses the views and reasons of retaining or abolishing the arbitration system of personnel disputes in China and the evaluation of these views in this paper. In the third chapter, the author thinks deeply about the abolition of personnel dispute arbitration system from the point of view of the lack of social environment, the attribute of labor law of personnel dispute and the substitution of current law to the arbitration system of personnel dispute. The fourth chapter puts forward some suggestions on the construction of the legal framework of personnel dispute settlement in China from the perspectives of the non-administrative nature of labor arbitration and the judicial relief of the unfavorable punishment of civil servants.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D922.5
【引证文献】
相关硕士学位论文 前3条
1 周中瑞;我国现行劳动争议仲裁的不足及其完善[D];江西师范大学;2010年
2 郭丙丽;我国聘任制公务员人事争议解决机制研究[D];中国政法大学;2011年
3 王晓洁;事业单位人事争议仲裁制度研究[D];复旦大学;2009年
本文编号：2324833
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