【摘要】 从顶层设计到法律构建，以《事业单位人事管理条例》和《劳动合同法》为标志，我国人才社会性流动规则已成体系，但司法保障问题依旧严重。以事业单位人员单方解除聘用合同的争议处理为例，《劳动合同法》第96条在司法实践中几乎沦为僵尸条款，特别是聘用制人员被迫辞职的法律适用被忽视。加强人才社会性流动的司法保障是实现人才强国目标和自由择业权的必经之路，亟待清理妨碍人才流动从而影响司法裁判的法律法规、政策性文件和司法解释。同时，应当确立“有利于人才流动”的法律适用原则，要求裁审人员从整体上把握由人事立法、劳动立法、单行职业立法及其他相关法律法规和政策性文件构成的人才流动规则体系，提高职业素质和法律适用能力。更多还原

【Abstract】 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 talents 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, labor 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.更多还原