Analysis The Finality Of Arbitral Award System Of The Labor Disputes

Labor dispute is the dispute between the employees and the employers or the employer organization. Properly handling the labor disputes concerns the interest of both workers and employing unit. Labor dispute arbitration model is widely applied in the world as the important means of solving the labor disputes, as the case in china. And our country's pattern is the procedure of mediation, ambition and two courts trails to handle labor dispute. New labor arbitration law puts forward that some cases practice the single and final arbitration, which is the pioneering system of solving labour disputes in china. The system is mainly made by the arbitration department to make direct arbitral award in some cases, which are not heard by the court any longer. This arbitral award has the final force of law. This arbitral award of he department of labor dispute ambition made has legal effect from the date which is made, the employer can not appeal or file a lawsuit, but if workers are not satisfied with the results of the results, who can appeal to the court. The design of this system was designed to get real fair through the unequal procedure, in order to protect workers, reduce the cost of labor rights and shorten case processing time, which has aroused controversy. Whether the system is suit to our current situation, and whether it has the legitimacy and effeteness, studying the question is has import practical significance and research value. The first chapter mainly introduces respective definition and characteristic of both labor arbitration and commercial arbitration and shows the differences between them by comparison, and then introduces the era background of our current single and final arbitration system.The second chapter mainly lists all kinds of views that domestic scholars and experts have on carrying out the single and final arbitration in solving labour disputes. the approver think that its practice is beneficial for preventing some employing units from delaying time of malicious litigation, and shorten the hours of right protections for workers effectively as well as safeguard their rights and interests. Instead, the opposite views that it is not real single and final arbitration and it is defective whether in theory and in practice, possibly make it become a decoration eventually. Meanwhile, through the analysis of practical effects, we obtained it has holes and weaknesses in design and implementation of security.The third chapter mainly analyses that we are facing the legitimacy legal principle query and legislation reason query when our labor arbitration practice single and final system and even it may bring harmfulness. The right to appeal is a fundamental right, which is not deprived of any procedural law. Besides, it analyses that the current arbitration does not have the legitimacy reason and it is facing the query of violating the Constitution, so it is not conductive to the social development.In the forth chapter, combining our existing implementing condition, the author analyses the current difficult position of the arbitration, not achieve the original intension of legislation but bring the practicing obstacles. The author comes up with his own points of view on how to perfect the mechanism of solving labour disputes. To achieve settling small disputes quickly by means of limiting confined litigation of the parties, establish credibility and strengthen arbitral agency independently handling a case more professional as well as consolidate its authority. Besides, we can build rational arbitral supervisory agency to realize the full use of our judicial resources.