事业单位人事制度改革及争议处理法律机制研究
发布时间：2018-12-10 14:26
【摘要】： 事业单位是计划经济体制的产物,承担着各类公益性事业,是重要的公共部门,在我国属于一个庞大的用人系统。在传统的计划经济体制下事业单位的职工拥有国家干部的身份,与单位之间是一种完全意义上的行政法律关系,这意味着事业单位的人事制度与行政级别密切相关且具有终身制的特点,在这样的人事制度下事业单位不可能存在大量的人事争议。进入市场经济以来,传统体制下形成的事业单位人事管理制度已经越来越不适应统一大市场的要求,改革势在必行。本文采用了规范研究和实证研究相结合的方法,从对我国传统事业单位人事制度特点和演进分析入手,结合对已经进行的事业单位人事制度法制改革及相关问题的述评,进一步分析了事业单位人事制度契约化的发展趋势,同时指出随着统一劳动力大市场的建立完善,事业单位的人事关系终将分化,最终一部分并入劳动关系中,由劳动法调整,一部分列入公务员制度中,受公务员法规范。在此基础上,经过对相关材料的广泛收集、整理、思考并结合目前事业单位正在进行的改革实践,本文着重分析了人事制度契约化的基础——人事聘用合同制度,对聘用合同制度的改革方向,规范化订立等进行了有益地探讨,指出了目前聘用合同实施过程中的难点及相关应对措施,并提出聘用合同终将统归到劳动合同行列的观点。事业单位在实施了聘用制改革后不可避免地会带来人才的流动,同时由于人事法规不完备、人事管理工作不规范以及聘用合同本身存在问题等诸多原因使得事业单位的人事争议越来越多,事业单位及其职工的合法权益随时都会有遭受侵害的危险,因此研究并建立一套有效的争议处理机制并作为事业单位人事制度改革的配套体制刻不容缓。本文从案例分析入手,论述了从“一裁终局”到“一裁二审”争议处理体制的改革,讨论了目前人事争议处理体制中的相关问题。在此基础上,本文从四个方面提出了完善争议处理体制的建议:借鉴劳动争议受案范围不断扩大人事争议处理范围;改进人事争议仲裁机构设置,提倡人事仲裁民间化、社会化,建立独立、统一的人事争议仲裁委员会,建设高素质的仲裁队伍;推进人事争议仲裁与劳动争议仲裁的统一,最终建立统一的仲裁制度;在人事争议处理体制上,提出在目前国情下建立“或裁或审”的处理模式,作为向单一争议处理模式的过渡。事业单位人事制度的改革是一项系统工程,牵一发而动全身,在改革过程中要注意系统性和适度性。
[Abstract]:Institutions are the product of planned economic system, undertaking all kinds of public welfare undertakings, and an important public sector, which belongs to a huge employment system in our country. Under the traditional planned economy system, the staff and workers of public institutions have the status of national cadres, and there is a complete sense of administrative and legal relationship between them. This means that the personnel system of the institution is closely related to the administrative level and has the characteristics of life-long system. Under such a personnel system, the institution can not have a large number of personnel disputes. Since entering the market economy, the personnel management system of institutions formed under the traditional system has become more and more unsuitable for the requirements of the unified large market, so it is imperative to reform. This paper adopts the method of combining normative research with empirical research, starting with the analysis of the characteristics and evolution of the personnel system of traditional institutions in China, combining with the commentary on the reform of the legal system of personnel system of institutions and related problems. This paper further analyzes the development trend of the contractual personnel system in public institutions, and points out that with the establishment and perfection of the unified labor market, the personnel relations of public institutions will eventually be divided and eventually incorporated into the labor relations, which will be adjusted by the labor law. One part is included in the civil service system and is regulated by the civil service law. On this basis, through the extensive collection, collation, consideration and the reform practice of the current institution, this paper emphatically analyzes the basis of the personnel system contract-the personnel employment contract system. This paper probes into the reform direction and standardization of the employment contract system, points out the difficulties in the implementation of the employment contract and the relevant countermeasures, and puts forward the viewpoint that the employment contract will eventually be classified into the ranks of the labor contract. After implementing the reform of the employment system, institutions will inevitably bring about the flow of talents, and at the same time, due to incomplete personnel laws and regulations, Many reasons, such as the non-standard personnel management work and the problems existing in the employment contract itself, make the personnel disputes in the institutions more and more numerous. The legitimate rights and interests of the institutions and their employees will be violated at any time. Therefore, it is urgent to study and establish a set of effective dispute handling mechanism and as a supporting system of personnel system reform in institutions. Starting with the case analysis, this paper discusses the reform of the dispute handling system from "one final award" to "one award and two trial", and discusses the relevant problems in the present personnel dispute handling system. On this basis, this paper puts forward four aspects to improve the dispute handling system: use for reference the scope of accepting cases of labor disputes to expand the scope of personnel disputes; To improve the establishment of personnel dispute arbitration institutions, to advocate personnel arbitration nongovernmental, socialized, to establish an independent, unified personnel dispute arbitration committee, and to build a high-quality arbitration team; To promote the unification of personnel dispute arbitration and labor dispute arbitration, and finally to establish a unified arbitration system; In the system of personnel dispute settlement, it is proposed to establish a "or adjudication" mode under the current situation as the transition to a single dispute settlement model. The reform of personnel system in institutions is a systematic project.
【学位授予单位】：华东政法学院
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D922.1
本文编号：2370737
[Abstract]:Institutions are the product of planned economic system, undertaking all kinds of public welfare undertakings, and an important public sector, which belongs to a huge employment system in our country. Under the traditional planned economy system, the staff and workers of public institutions have the status of national cadres, and there is a complete sense of administrative and legal relationship between them. This means that the personnel system of the institution is closely related to the administrative level and has the characteristics of life-long system. Under such a personnel system, the institution can not have a large number of personnel disputes. Since entering the market economy, the personnel management system of institutions formed under the traditional system has become more and more unsuitable for the requirements of the unified large market, so it is imperative to reform. This paper adopts the method of combining normative research with empirical research, starting with the analysis of the characteristics and evolution of the personnel system of traditional institutions in China, combining with the commentary on the reform of the legal system of personnel system of institutions and related problems. This paper further analyzes the development trend of the contractual personnel system in public institutions, and points out that with the establishment and perfection of the unified labor market, the personnel relations of public institutions will eventually be divided and eventually incorporated into the labor relations, which will be adjusted by the labor law. One part is included in the civil service system and is regulated by the civil service law. On this basis, through the extensive collection, collation, consideration and the reform practice of the current institution, this paper emphatically analyzes the basis of the personnel system contract-the personnel employment contract system. This paper probes into the reform direction and standardization of the employment contract system, points out the difficulties in the implementation of the employment contract and the relevant countermeasures, and puts forward the viewpoint that the employment contract will eventually be classified into the ranks of the labor contract. After implementing the reform of the employment system, institutions will inevitably bring about the flow of talents, and at the same time, due to incomplete personnel laws and regulations, Many reasons, such as the non-standard personnel management work and the problems existing in the employment contract itself, make the personnel disputes in the institutions more and more numerous. The legitimate rights and interests of the institutions and their employees will be violated at any time. Therefore, it is urgent to study and establish a set of effective dispute handling mechanism and as a supporting system of personnel system reform in institutions. Starting with the case analysis, this paper discusses the reform of the dispute handling system from "one final award" to "one award and two trial", and discusses the relevant problems in the present personnel dispute handling system. On this basis, this paper puts forward four aspects to improve the dispute handling system: use for reference the scope of accepting cases of labor disputes to expand the scope of personnel disputes; To improve the establishment of personnel dispute arbitration institutions, to advocate personnel arbitration nongovernmental, socialized, to establish an independent, unified personnel dispute arbitration committee, and to build a high-quality arbitration team; To promote the unification of personnel dispute arbitration and labor dispute arbitration, and finally to establish a unified arbitration system; In the system of personnel dispute settlement, it is proposed to establish a "or adjudication" mode under the current situation as the transition to a single dispute settlement model. The reform of personnel system in institutions is a systematic project.
【学位授予单位】：华东政法学院
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D922.1
【引证文献】
相关博士学位论文 前1条
1 刁慧娜;高校教师劳动合同法律适用问题研究[D];吉林大学;2011年
相关硕士学位论文 前4条
1 独萍;人事争议仲裁工作问题研究[D];西北大学;2011年
2 李洁;事业单位人事争议救济制度研究[D];西南政法大学;2008年
3 彭争艳;论我国事业单位人事制度改革[D];湖南师范大学;2009年
4 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：2370737
本文链接：https://www.wllwen.com/falvlunwen/laodongfa/2370737.html
