被辞退事业编制职工诉讼类型选择

机关单位辞退事业编制职工在一般情况下应归于民事关系,适用人事仲裁和民事诉讼程序解决。但是,当人事部门介入该关系后,性质就有可能发生变化。由于人事部门介入机关单位辞退事业编制职工的形式不同,又分为内部程序与外部程序,当内部程序介入时,人事部门不应对外成为责任主体,即便人事部门的行为被非正常外化仍然如此,因而不能成为行政诉讼的被告。

What Kind of Lawsuit Can Be Chosen for the Fired Employee Served in Government

Under average conditions,the fired employee served in government has the right to file a lawsuit of civil character.It＇s controversial that what kind of lawsuit can be chosen when the employee was fired by the personnel department directly or indirectly.This article＇s opinion is that when the personnel department which carries out its duty through inner procedure cannot be the defendant when the fired employee files a lawsuit of administrative character which shouldn＇t be accepted by court.