高校人事争议司法受案范围研究

Research on the Scope of Litigation of University Personnel Disputes

目前我国高校人事争议存在救济途径不畅的现实问题,高校聘用人员仅依靠仲裁、申诉等传统手段难获充分的救济。问题表现为司法受案范围狭窄,仅限于辞职、辞退、履行聘用合同争议,且法院对人事争议案件的裁判尺度并不统一。究其原因,与人事争议的传统公法属性、聘用合同的性质模糊紧密相关。然而,随着聘用制改革的推进,聘用合同成为约束双方权利义务关系的主要手段,人事争议公法属性不断式微,公民权利保障体系日渐完善。可以通过适度扩大人事争议司法受案范围的立法途径,以完善高校聘用人员的司法救济。

At present, there is a realistic problem in the university personnel disputes that the relief is poor.It is difficult for university employee to obtain adequate relief only by relying on traditional means such as arbitration and appeals. The scope of litigation is narrow, limited to resignation, dismissal and performance of employment contract disputes, and the court’s scale of refereeing in personnel dispute cases is not uniform. The reason is closely related to the traditional public law attribute of personnel dispute and the vague nature of employment contract. However, with the advancement of the employment system reform, employment contract becomes the main means of binding the rights and obligations of both parties, the decline of the public law attribute of personnel disputes, and the improvement of the civil rights security system,the judicial remedy for the university employees can be improved by appropriately expanding the legislative channels for the scope of judicial disputes in personnel disputes.