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高校人事代理是高校人事制度改革的一种尝试。自1995年以来,它发展迅速。伴随着全国高校人事代理实践的展开,其理论研究也在不断发展。但是,目前高校人事代理学说纷呈,实践形式多样,人事代理关系非常混乱。在对人事代理概念分析的基础上,揭示了人事代理的基本特征:当事人的特定化、当事人的平等地位、社会化服务、代理合同关系和有偿性,解读了高校人事代理主体及其法律关系的差异构成,修正了几种人事代理的错误认识,指出了在诸多的代理形式中只有高校和聘用合同受聘人单独委托的两种形式比较规范,值得提倡和推行,其他形式因其自身的缺陷不宜继续采用。
Personnel agency in colleges and universities is an attempt to reform personnel system in colleges and universities. It has been growing rapidly since 1995. Accompanied by the practice of personnel agency in colleges and universities throughout the country, its theoretical research is also constantly developing. However, at present, there are many theories about personnel agency in colleges and universities, various forms of practice, and the relationship between personnel and agents are very chaotic. Based on the analysis of the concept of personnel agency, this paper reveals the basic characteristics of personnel agency: the specialization of the parties, the equal status of the parties, the social services, the contractual relationship and compensation of the agents, and the interpretation of the main body of the personnel agency and its legal relationship It also points out that in many forms of agency, only the two forms that are accepted by colleges and universities and those employed by employment contracts are more standardized and worthy of promotion and promotion. Other forms are not suitable due to their own shortcomings Continue to use.