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人事争议处理制度在我国较早前即已存在,但以仲裁和诉讼作为主要救济手段的人事争议处理制度则在近些年才正式浮出水面。在迅速发展的同时.这项制度目前也面临着诸多在理论上急需澄清以及在实务中亟待解决的问题,其中首当其冲的一个重大课题便是如何合理地确定其受案范围。由于现今各种法源对人事争议处理受案范围的规定内容各不相同甚至互相矛盾,特别是仲裁与诉讼之间没有实现充分的衔接,这些问题已给人事争议处理工作的顺利开展带来了诸多妨碍和困惑。有鉴于此,笔者认为从源头上厘清人事争议的理论定位及其合理边界,并对现有人事争议仲裁和诉讼的受案范围进行再调整,殊为必要。
The personnel dispute handling system existed earlier in our country, but the personnel dispute handling system with arbitration and litigation as the main remedies has only officially surfaced in recent years. At the same time of rapid development, this system is also facing many problems urgently needed to be clarified in theory and problems to be solved urgently in practice. One of the most important issues which bear the brunt of this system is how to determine the scope of its acceptance rationally. Due to the fact that various legal sources have different or even contradictory provisions on the scope of handling cases of personnel disputes, in particular, there has not been a sufficient convergence between arbitration and litigation. These problems have brought about the smooth development of personnel dispute resolution work A lot of obstacles and confusion. In view of this, I think it is necessary to clarify the theoretical positioning of personnel disputes and its reasonable boundaries from the source, and to readjust the scope of the arbitration and litigation of existing personnel disputes.