Study On The Inherent Limitation Of China's Labor Arbitration System And The Perfecting Methods

As the alternative dispute resolution mechanism of lawsuit, labor arbitration is one form of ADR. On the one hand, the ADR mechanism spreads quickly in the world, exhibiting its flexible, highly efficient alternative functions, it increasingly becomes the important dispute resolution instrument just like the lawsuit. On the other hand, from the view of scholastic valuation, the labor cognition, the practice operation, as one form of ADR, the present labor arbitration encounters deep end in our country, falls into the difficult position, and the result is disappointing. The effective dispute resolution mechanism abroad is facing"waterloo"in China, so it is very important for us to analyze the failure reason of labor arbitration and propose some improvements under the current background of labor dispute legislation. There are five parts in this article to analyze the present labor arbitration in our country.The introduction illustrates that under the background of ADR developing prosperously in the world and labor arbitration is the main solution of labor disputes abroad, this article systematically analyzes the significance of our present labor arbitration system and then educes the research valuation of choosing topic and the writer's writing purpose. The first part of the article analyzes the characters and the features of labor arbitration and ADR, illustrating labor arbitration is one form of ADR,and labor arbitration as the main means of solving labor disputes has become the world trends. This part points out that the present labor arbitration is encountering difficulty in the practice operation in our China from four aspects.The second part is one of the stresses in this article. It points out that the main cruxes leading to labor arbitration's inefficiency are administrativity, litigation, and discusses in detail about the presentation, disadvantages and reasons of administrativity and litigation.The third part gives a specific introduction to the similar system abroad by comparative study. It analyzes and comparatives on the base of our present labor arbitration, illustrates why litigation of special labor court or courtroom doesn't exist, why the special semi-government doesn't appear administrativity.The fourth part is the stress of this article. It specifically describes the non-administrativity and non-litigation of labor arbitration in our country and the improving advices on realizing materialization and socialization, referring to the reasons of administrativity and litigation of labor arbitration above. It gives improving suggestions of arbitration agency materialization, arbitration rules flexibility, arbitration effect finality, arbitration staffs specialization and supervising measures rationalization. By all of this, it assures the fairness and authority of labor arbitration, oxidizes the characters and functions of it as soft solution mechanism.