The Research Of Labor Dispute Lawsuit System

The labor dispute lawsuit system is an important part of the labor dispute processing system , and is the way that finally solves the procedure system about the labor dispute case. With the deep developing of our country reform ,the swift and violent developing of the open policy and the socialist market economy , Labor dispute cases have been increasing rapidly. People's request of the process to the labor dispute case has been more and more, besides the consultation, mediation, arbitration, there is the lawsuit which is the important labor dispute solution way of the important labor dispute. In these four ways, lawsuit can not be replaced. Especially in our country, the lawsuit of the labor dispute is very different from Judicial practice. The lawsuit of the labor dispute is not perfect now, and there is the contradictory of the relative legal rule. Importantly, we don 't have the special Labor dispute processing law. So litigant's legitimate rights and interests have not been able to obtain in the lawsuit on some safeguards. It has affected the judicial authority and the legal belief.This article writing goal is to put forward some perfect proposals to our country labor dispute lawsuit system. Except the foreword and the conclusion, there are four parts in this thesis.The first chapter defines the concept of labor dispute and analyzes the types and causes of the labor dispute, Then leads to the concept of a labor dispute, reveals the characteristics of the labor dispute proceedings, and compares with other litigation. Finally, the basic principles of labor dispute proceedings.The second chapter introduces the HongKong,Marco,TaiWan's labor dispute lawsuit system's characteristic and the pattern. Making a comparison and evaluation of the law and that can learn from them.The third chapter explains the original intention and the background of labor dispute lawsuit system establishment .first, it includes the Introducing of four disputes solution ways and the labor dispute lawsuit system necessity. Then it has expounded the labor dispute arbitration and the lawsuit relations of our country at present. Pointing out the breaking between them, also it has given the explanation to the labor dispute legal procedure. It analyzes the assignment and flaw of the responsibility in presenting evidence. Also it has pointed out the labor dispute 's document scope and the length, and the limitation of action stipulation and the malpractice. Then it has proven the labor dispute lawsuit system's other questions from several aspects, finally to make the comprehensive appraisal to our country present labor dispute lawsuit system according to our national condition.Forth chapter describes the consummates guiding ideology to the labor dispute lawsuit system through the entity legislation, the procedure legislation and the localization. It has proven the coordinated question to the labor lawsuit and the arbitration with emphasis. At last I have pointed out the special court form which suits our country realistic situation, proposed the perfect view about related labor dispute lawsuit evidence system, and the lawsuit efficiency from the procedure angle the opinion. Finally, there are proposes about how to expanding the document scope suggestion in labor dispute case.