作为我国公务员法律制度领域的新生事物,公务员职位聘任制试点风靡全国。与以往公务员选任制和考任制不同的是,职位聘任制通过签订聘任合同的方式在行政主体和所聘人员之间建立起特殊的权利义务关系,聘任合同成为这项制度运转的核心。近几年,围绕聘任合同的纠纷开始出现,而聘任合同公法与私法相结合的属性却导致其定位困难,直接制约着纠纷解决的效率。在重点分析比较学界各种学说的基础上,肯定“人事行政合同说”的合理性,并以此作为纠纷解决的枢纽。 As a newcomer to the legal system of civil servants in our country, the pilot system for appointing civil servants posts has swept the country. Unlike the past civil service appointment system and the examination system, the job appointment system establishes a special rights and obligations between the administrative body and the employed staff by signing the contract. Engagement of the contract becomes the core of the operation of the system. In recent years, disputes over employment contracts have begun to emerge. However, the combination of public and private law in employment contracts has resulted in difficulties in positioning and directly affects the efficiency of dispute resolution. On the basis of analyzing and comparing various theories in the academic field, we affirm the rationality of “the theory of personnel administration contract” and use it as the hub of dispute resolution.