Establishment Of Relative Independent Labor Litigation In China

The litigation method is the final and the most important method and legal procedures that the civilization society uses to solve the dispute of the parties concerned. Compared with the procedure of arbitrage, the litigation procedure is more outstanding and important in settlement and the position of the dispute. The litigation procedure is a key link; the procedure of arbitrage is catalog. No one can conceive how to guarantee the brightening and expanding of the system of arbitrage under the prior condition that has no litigation procedure system. No litigation procedure will not have the law performance procedure naturally, the arbitrage that lacks executing forcibly will fall back to the original and mediatory system of arbitrage probably that have no legal effect, and make the system of arbitrate to sink probably. The labor dispute and other civil cases or economic disputes are similar, the guarantee of the litigation procedure is the sill that the labor dispute can be solve fair, although not all of the settlements of the labor dispute are through the litigation procedure according to current system. If have no labor controversy litigation out of accordance with judgment system of guarantee, labor dispute arbitrage is can't be imagined, and dose not match modern rule of law spirit that gives the succor to the party concerned.The labor relation is not the equal society relation, but the relation that is out of balance obviously, which give priority to the property of wealth rather than the property of the life. It not only differs from the complete equal civil case relation, also from the administration relation that the position is not equal. Labor dispute is the result that labor relation do not moderate, it is the quarrels and the conflicts under the market economy condition with the equal position of law between the employers and the employees or their representatives. If the reason are the labor contract or the infringement behavior and the parties concerned are the worker personal and unit ,the controversy with quarrel is the dispute for personal labor ,if the parties concerned are labor group and employer or its group the controversy with quarrel is the dispute for the group controversy. Because the group controversy all involves the benefits items generally, as a result it needs to pass to arbitrate the procedure to solve generally, not the litigation method, so the labor litigation in this text mainly aims at personal labor dispute. The equal position of the both parties in the labor disputes can not cover up inequality in the power of exercise, it need to the special processing procedure method to solve toward this kind of special dispute.The labor litigation of our country takes no cognizance to the differentiation of the relation of labor law and the civil case law, because applying of the civil litigation completely which leads unfair final outcome, it make the worker lose the confidence to the law and judicatory easily and take them to walk up the extreme road!In recent years, along with the reform of our country business enterprise and labor system and the village labor force transferred toward city, new circumstance and new problem appear in the labor litigation between employers and workers. Applying with this, our labor legislation has draggled, the labor litigation procedure and actuality of judicial dose not accommodate. For example, the current labor litigation system prescribe arbitrage is through procedure necessarily, and the labor litigation carries on the judgment to the fact of the labor dispute only, but not considering the equity of the wrong arbitrage procedure .Such on come, even the arbitrage procedure breaches the law and results in unfair result, the court still gives the confirmation to the result of the arbitrage as long as the fact affirm without any error. Furthermore, if the labor dispute did not pass by arbitrate then can't initiate public prosecution, the judicial succor power of the party concerned that constitution give was subjected to the heartless deprival. The courts are usually indecisive in hearing the labor dispute case, handle the labor dispute case with the spirit principle of the civil case law, and usually result in the unfair result. The current labor litigation lawmaking gets behind with the development of the actuality far and far, can't satisfy the objective need of the judgment fulfillment, and therefore suffer the criticism .Therefore, carrying on the modification to the current labor litigation system has already become very urgent.Along with the development of an economy and the alteration of the litigation idea, the request of the harmonious society, the importance of the labors relation which is considered to been the social relation of foundation seems to be large more and more, the processing of the labor dispute not only incarnate the lawmaking spirit which emphasizes the special protective of worker, but also need to look after the responsibility of social stabilization. Therefore, the choice of the labor litigation system must be careful. If the complete independent labor litigation system will be established , the large-scale lawmaking must be carried on, for example the establishment of《the law of the procedure about labor dispute process》,《the law of the labor court》, the modification of《the People's Republic of China the law of the people court organic》and《labor law》, etc., this is a complicated system project which needs many meticulous of work and full preparation, these works can't be completed in short period. But the mode of the existing labor judicatory operation needs to be reformed urgently, therefore, the writer puts forward building up the opposite independent labor litigation system in the our country based on the foundation of advanced way of international countries, and testifies the necessity and possibilities of the system, explains from the idea, system and fulfillment, finally gets that the system will be realistic. The so-called opposite independent labor litigation system is aimed at the current labor litigation system. It makes full use of the existing labor litigation in the good law resources, and revises the not appropriate place, maintains the opposite stability of the law system, the cost is opposite smaller. The first of link up the problem considered of the establishment of the opposite independent labor litigation system is how to link arbitrate and litigation up, which is related to the whole the result of settlement of the labor dispute. The next in order, the establishment of the system of labor saving from damage can solve problem more directly for the workers on minority position. The establishments of the labor law court again, the constitution of the labor judges, the applying of the simple procedure, the choices of the small sum litigation can balance the litigation position between the worker and employer and solve the dispute fast.Finally, ascertaining the position of the intermediation in the litigation, the harmoniousness of the labor relation is the foundation of society stability and the economic development, the traditional harmonious culture and ideas of china need the existence and operating of the intermediation particularly at labor litigation.