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China 's civil service appointment personnel dispute resolution mechanism

Author: GuoBingLi
Tutor: WangJianQin
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: appointed civil servants employment contract arbitration system for personnel disputes judicial action system for personnel disputes
CLC: D925.3
Type: Master's thesis
Year: 2011
Downloads: 109
Quote: 0
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Abstract


The chapter sixteen of the civil servant law of the people’republic of China, which is implemented on January 1st, 2006, provided the appointment system for civil servants for the first time, since then the reform of personnel system began in China. In 2007, the former Ministry of Personnel determined Shenzhen and Shanghai Pudong as a pilot for the appointment system of civil servants. In the new system in Shenzhen, the civil servants fall into three categories: general management, law enforcement and technical professionals, those in the second two categories, which add up to about 69 percent of civil servants, will be employed according to the new appointment system.According to an official in National Civil Service Bureau, from the year 2010, we will accelerate the reform of classification management and appointment system. Obviously , the number of appointed civil servants will increased year by year, and the disputes between the administrative organs and appointed civil servants will be arise constantly. Therefore, the Article 100 of the Civil Servant Law specified“An arbitration system for personnel disputes is established by the state. Where a civil servants in the appointment system has a dispute with the organ he works for due to the performance of the employment contract thereof, he or she may apply to the arbitration committee of personnel disputes for arbitration within 60 days as of the day when the dispute arise. Any party concerned who is discontent with the arbitration award may lodge a suit to the people’s court within 15 days as of the day when he or she received the written award.”This arbitration system for personnel system is established in order to protect the legitimate rights and interests of appointed civil servants. The provision of arbitration and lawsuit system laid a foundation for our country’s rule of law in the area of internal administration relations. However, if the arbitration system and lawsuit system could adapt and promote the reform of civil servant? What is the appointed civil servants‘own characteristics ? what is the nature of employment contract? What are the problems about arbitration system and lawsuit system specified in the Civil Servant Law? How to solve a disputes between an appointed civil servant and the organ he or she worked for through the ways of lawsuit? What is the legal basis? Etc. All this problems are worth of our in-depth research.As a graduate student in administrated law, I am interested in this area and be determined to do the research in the aspect about the solution to personnel disputes of appointed civil servants. All the above is the reason for writing this assay.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Administrative Procedure Law
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