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党的十八届四中全会的召开,预示着中国进入新的历史时期:立法、执法、司法、守法均依循法律在先原则。于是我国也势必进入完善中国特色社会主义法律体系建设并凸显宪法的根本法地位阶段。我国劳动人事争议仲裁制度一直饱受诟病,无论理论界还是实务处理中都显现出众多问题,诸如上位法缺失等问题。在当今中国全面推进依法治国的背景下,再议我国人事争议仲裁制度,具有重大的理论及现实意义。本文主要通过对人事争议仲裁制度立法、裁审衔接问题及机构建设问题的讨论,本着解决主要问题的态度,以期对我国现行的人事争议仲裁制度的运行有所裨益。
The convening of the Fourth Plenary Session of the 18th CPC Central Committee indicates that China has entered a new historical period: legislation, law enforcement, judiciary and law-abiding are all based on the principle of prior law. Therefore, our country is also bound to enter the stage of perfecting the construction of the socialist legal system with Chinese characteristics and highlighting the constitutional status as a fundamental law. China’s labor and personnel dispute arbitration system has been criticized for many times, both in the theoretical circles and in practice have shown many problems, such as the lack of superior law and other issues. In the context of China’s comprehensive promotion of governing the country according to law, it is of great theoretical and practical significance to revisit the arbitration system for personnel disputes in our country. This article mainly through the discussion on the legislation of arbitration system of personnel dispute, the issue of arbitration adjudication and the institution construction, and in the light of the attitude of solving the main problems, with a view to the benefit of the current system of personnel dispute arbitration in our country.