人事诉讼对象的非处分性造就了人事诉讼中应对辩论主义和处分权主义的适用加以限制,广泛适用职权探知制度。实行职权探知主义的根据在于人事诉讼判决具有对世效力,以维系身份法秩序的稳定,保护未行使审问请求权的第三人的合法权益。伴随传统的职权主义被当事人主义所取代,以当事人为主导的诉讼模式在我国逐步确立,普通诉讼程序法理不仅难以满足人事诉讼案件审判实践的需要,同时无法实现二者的调和。文章认为设立专门人事诉讼程序,构建一种辩论主义与职权探知主义兼容的协同模式,才能从根本上解决当事人主义对人事诉讼裁判带来的冲击。人事诉讼中诉讼与非讼法理交错适用,普通诉讼程序法理难以满足这一要求,构建既有别于普通诉讼程序,又不同于非讼程序的独立人事诉讼程序乃是客观之必然。 The non-disposition of the object of personnel litigation creates the restriction of the application of the debate doctrine and the disposition right in the personnel litigation, and applies the system of the system of ex officio authority. The basis of the implementation of the exploratory power of causation lies in the fact that the judgments of personnel litigation are effective against the world in order to maintain the stability of the law of the law of identity and protect the lawful rights and interests of the third party who has the right to interrogation not exercised. With the traditional power of attorney being replaced by the doctrine of litigation, litigation mode dominated by the parties gradually established in our country, the common lawsuit legal not only difficult to meet the needs of judicial trial of personnel litigation cases, and can not achieve the reconciliation of the two. The article holds that the establishment of a special procedure for personnel affairs and the establishment of a collaborative model compatible with the debate on doctrine and functional exploration of causation can fundamentally resolve the impact of litigantism on the judicial review of personnel litigation. Personnel litigation litigation and non-litigation jurisprudence apply, common lawsuit jurisprudence difficult to meet this requirement, to establish both separate from ordinary litigation, but also different from the non-litigation process of independent personnel proceedings objectively is inevitable.