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确定公务员聘任合同的法律性质是公务员聘任制的核心。如果合同的性质不明确,那么公务员与行政人员之间的权利义务关系也不明确。在聘任公务员与行政机关产生纠纷时,既无法确定应该采用哪种诉讼制度予以解决,也关系到人事争议仲裁制度的建立。目前学界对于聘任合同的研究较少,聘任合同的性质、特征、救济规定等还不清楚。由于公务员聘任合同兼具公法与私法自治的特殊性,导致聘任合同的性质定位困难。在比较行政合同理论、劳动合同理论和混合理论的基础上,宜将聘任合同明确规定为劳动合同。通过明确聘任制公务员性质、细化聘任合同内容、合同类别等,完善立法。
To determine the legal nature of civil service appointment contract civil service appointment system is the core. If the nature of the contract is not clear, then the rights and obligations between civil servants and administrators are not clear. In the appointment of civil servants and administrative disputes, not only can not determine what kind of litigation system should be resolved, but also related to the establishment of personnel dispute arbitration system. At present, there are few researches on the contract of appointment, and the nature, characteristics and remedies of the contract are still unclear. Due to the fact that the civil servant’s appointment contract has the particularity of public law and private law autonomy, the nature of the contract is hard to locate. Based on the comparison of administrative contract theory, labor contract theory and mixed theory, the contract of employment should be clearly stipulated as the labor contract. Improve the legislation by clarifying the nature of appointment of civil servants, refining the content of contract, contract type and so on.