Legal Analysis Of Relationship Between Labor Dispute Arbitration And Litigation

With the development of China's economy and the continuous reform of system, the labor relation is more and more complicated. The number of lawsuits of labor dispute has been on the rise. It is difficult to handle them well. The current system of handling labor dispute is"arbitration first, litigation second", which has its drawbacks featuring long cycle, low efficiency and betrayal of the principle of handling labor dispute in time. Furthermore, the connection between arbitration and litigation is not smooth, which wastes the nation's resource and the party's financial resources. It is also a violation of the principle of the party's voluntary will. Therefore, it is of great necessity to reform the relation of labor dispute arbitration and litigation.To adjust the relation of labor dispute arbitration and litigation in China, concepts such as dispute over rights, dispute over interests should be introduced. We should classify the methods of dealing with labor dispute. Dispute over rights is to be handled by court and dispute over interests by arbitration. Based on this principle, a model of"arbitration as the major method and litigation as a supplement"should be implemented. That is to say, while maintaining the original procedures of labor dispute arbitration and litigation, we should make it clear that the party should not take judicial proceedings against the fact confirmation. A restricted relation between arbitration and litigation is established, which is equivalent to that of the first trial and the second trial in a court. It not also helps put the litigation on the basis of arbitration, but also provides supervision over arbitration. This model fully reflects the principle of justice and efficiency of procedures. It also solves labor dispute rapidly and effectively, it guarantees the right of appeal. Meanwhile, the thesis puts forward suggestions to improve the system, for example, to improve the principle of three parties, to ensure the independence of arbitrary authorities; to strengthen the construction of arbitrary authorities and arbitrators; to reform the unreasonable system of prescription in labor arbitration. It is encouraged to optimize the resources, improve the quality of arbitration, economize the judicial resources and shorten the time of litigation on the basis of fully utilizing the existent resources.