The Analyses And Perfection Of China's Litigation Of Labor Controversy System

With the development of marketing economy and the fast development of the globalization, labor disput has the increasing tendency. How to prevent and deal with labor disput to coordinate and stable the labor relationships as well as ensure the successful running of the socialist economy construction and maintain the social stability is becoming more and more important.Litigation of labor controversy is one of the important parts in the whole the system of handling labor disputes and the last procedure to accept the disputes that other disput procedure can't deal with, which should be the last choice for the litigant. Our recent the system design of pre arbitrary first arbitration second trail does not have the effect ion of separation litigation and can't deal with the increasing labor disput effectively and timely so that it causes some problems. The research of this article is based on the premix of not influencing the recent litigation mechanism. From the recent shortages of the labor disputes mechanism, it analyzes it deeply and treats it according to its condition to try to find the reasonable and effective solutions and mechanism improvement for labor disputes to meet Chinese actual condition.Besides prefix and conclusion, the article is divided into four parts to describe:The first part discusses about several basic scopes of labor disputes and litigation of labor disputes. The value of litigation of labor disputes includes its due value direction. Firstly, it defines the upper seat concept of litigation of labor disputes, which is labor disputes and simply introduces its main types and solution methods. Trough comparing it with its labor disput dealing mechanism, it points out the features of litigation procedure of labor disputes which is complex, tediously long but fairy for the results. The next is to confirm the value direction of the labor disputes litigation mechanism which is efficiency first, security fairy.The second part discuss about the recent condition of our labor disputes litigation mechanism. This chapter firstly points out that our labor disputes litigation mechanism is mainly obstructed by the unreasonable procedure of first arbitrating and next trailing, the complex lawsuit procedure, the long cycle and etc from the condition of un coordination of arbitrating and trailing, the delay of the labor disputes litigation and the of labor litigation.The third part is to introduce the foreign labor disputes handling mechanism. This chapter chooses representative Germany, England, France, Japan and America as the samples. Through the above country labor disput dealing mechanism, it is not difficult to find that the foreign countries with relatively more maturity labor disput always hold the three-one principle at the process of labor disputes litigation. And it regulates the simple procedure in order to timely solve the labor disputes. But all the features of the design of these labor disputes mechanism is worth our country to learn.Aiming at the shortcomings of our country's labor disputes litigation aforementioned, the fourth part made a choice to improve it. Firstly, on the relationship coordination between the labor dispute arbitration and litigation, it should establish the two-track system of "separation of arbitral and trial, separation of outcomes" to solve the irrational convergence problems between arbitration and litigation. Besides, the endowing the true finality of arbitral also became a necessary requirement for this two-track system. However, the unified scale of handling the case will not only coordinate the relationship between arbitration and litigation, but also maximize the overall efficiency. Meanwhile, using the divert cases of economic leverage to establish the mode which labor disputes cost low and courts cost high. On the one hand to achieve the diversion of labor disputes and to make the labor dispute cases mainly settled in labor arbitration stage, on the other hand to realize the containment of phenomenon of abusing civil agency. Secondly, before the establishment of independent labor dispute proceedings, choosing to establish the labor courts in ordinary courts is consistent with our national conditions. Finally, on the settlement of the cases which on labor dispute court, making further division of complicated cases and simple cases, for those cases which facts are clear, subject is small, and controversy is small, will fit the small claims procedures, among which the simplify procedure was applied with simple procedure to simplified the procedures so as to promote the quick solution of labor dispute court. Sincerely hope that the program design can optimize and integrate the resources on the basis of full use of existing resources, thus to improve the quality of litigation, save judicial resources and reduce litigation time.