略论人事争议仲裁制度的定位与价值取向

人事争议仲裁制度是近年来我国程序法律制度中新出现的一类程序制度,主要裁决事业单位与其工作人员因辞职、辞退等原因所发生的争议。该制度的运行目前仍存在许多障碍,如劳动争议仲裁程序的纠葛、人事制度中实体法缺位等等。人事争议仲裁制度的缺陷并不等于该制度没有相应的程序价值。该制度应定位于裁决公务人员,包括国家机关工作人员和改革后事业单位中工作人员与其单位之间的争议,并通过人事争议仲裁制度的实施,推动我国事业单位改革及其法制化进程。

On the Location and Value Orientation of the Personnel Dispute Arbitration System

Personnel dispute arbitration system is a kind of new procedural system in China, which mainly deals with the disputes raised by resignation and dismissal between the public institution and its staff. There are still lots of obstacles in the operation of this system, such as the confusion in the labor dispute arbitration and the absence of substantial law in the personnel system. However, the defects in personnel dispute arbitration do not mean that this system has no valuein procedure. This system should be used to solve the disputes between public servants, including state functionaries and staffs of the institution post-reform and the organizations they belong to, and promote the reform and legalization of the institution in China through the operation of personnel dispute arbitration.