On the Judicial Guarantee of Social Mobility of Talents——Taking the Difficult Resignation of Public Institutions as an Example
From top-level design to legal construction, marked by Regulations on Personnel Management of Public Institutions and Labor Contract Law, the rules of social mobility of talents in China have become a system, but the problem of judicial guarantee is still serious. Taking the dispute settlement of the unilateral termination of the employment contract by the personnel of the public institution as an example, Article 96 of the Labor Contract Law has almost become a zombie clause in judicial practice, especially the legal application of the forced resignation of the employed personnel has been ignored. Strengthening the judicial guarantee of the social mobility of talents is the only way to realize the goal of strengthening the country with talents and the right to choose a career freely, and it is urgent to clean up the laws and regulations, policy documents and judicial interpretations that hinder the flow of tal-ents and thus affect the judicial adjudication. At the same time, it is necessary to establish the principle of legal application that is"conducive to talent mobility", requiring adjudicators to grasp the talent mobility rule system composed of personnel legislation, la-bor legislation, separate occupational legislation, and other relevant laws, regulations, and policy documents as a whole, so as to improve professional quality and legal application ability.
social mobility of talentspersonnel legislationlabor legislationthe difficult resignationjudicial guarantee
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