Study On Relationship Between Labor Arbitration And Lawsuit

China's current labor dispute processing mechanism is"one arbitrament, arbitration lead,"labor arbitration to the preceding procedure, the action is without arbitration institution ruling of the labor dispute cases to court, the parties may not directly to lodge a complaint.This"after the first trial cutting model in planned economy period played an important role, indeed the establishment of along with the market economy development, a labor dispute case, growing increasingly complicated case nature" ."Model of one arbitrament malpractice gradually revealed, mainly displays in: limit the litigation, increase the litigation cost, arbitration and litigation them apart, and the program overlap trival, wasting judicial resources and protection of rights against the parties. Therefore, establishing scientific and reasonable, suitable for China's national conditions of cutting umpire relationship are particularly important. Based on our relationship to judge the disadvantages of cutting is discussed, and combines the advanced legislative model, analyzes the domestic cutting theory, exploring judge relationship in the labor arbitration and litigation relationship development direction. Articles are divided into four parts. Introduction: it suggests that our country Labour disputes settlement mechanism, the existing problems in the writing of this review briefly elaborated meaning.Part 1: The labor arbitration and litigation relationship in that part of the basic theory, the author firstly analyzes labor arbitration system is the value of existence, the purpose and produce social significance. Secondly, analysis of the labor arbitration and lawsuit, leads the relation and distinction between judge relations program chaos cutting below.Part 2: Analysis of our country labor arbitration and lawsuit relations existing problems and their reasons. First, the current "first after cutting has not been able to judge" model under the condition of market economy of solving labor dispute cases of the modern rule of civilization and do not comply with the requirements. Secondly, the arbitration procedure of prerequisite seriously damage the litigation, limit the parties of the right to free choice relief way, further weakening the credibility of the labor arbitration award, also make the party lost the trust of labor arbitration commission. Finally, the arbitration lead increased dispute processing link, tremendous waste of social resources, to the detriment of labor disputes settled as soon as possible.Part 3: Foreign labor arbitration and litigation relations legislation pattern.this section the author respectively introduces USA, Germany, Australia, Japan and France's status quo and cutting umpire relations with China compared to their judges the difference between cutting relation mode, hope, then through cutting construct the actual judge relation mode.Part 4: China labor arbitration and litigation relations the coordination.The author in this section sets out the domestic research on constructing the judge what cutting relation mode theory expounded respectively, the view of the relationship between two judges cutting theory model: monorail system and and regulation, based on the background of foia both theoretical basis and in China, and combined with the labor arbitration and litigation relations, issues related to improve our system design, the labor dispute resolution mechanism are proposed.