Research On The Labor Dispute Arbitration Mode In China

Since the reform and open policy was applied, because our basic labor relations have changed and the construction of labor law system is outdated seriously, the amount of labor controversy is increasing significantly and the disputes are more difficult to be handled. Our original labor dispute arbitration mode-"one intermediation/ one arbitration / two litigations" can't meet the demand of reality. And it influences the timely settlement of labor dispute and society stabilization. Therefore, the labor dispute arbitration mode should be improved.To deal with these problems, this paper begins with the analysis of the present condition and defect of our labor dispute arbitration, and tries to set up our labor dispute arbitration mode on the basis of the present system. This mode is called"compulsory arbitration; the second arbitration being the final instance; court's supervision"mode. Under this mode, the intermediation is the pre-procedure of the arbitration. We should build up the arbitration body of the labor controversy and make it gradually convert to an entity and a quasi-judicial organization. The second arbitration should be the final instance. The court exercises supervision power and the review should be limited. Besides, A few concrete problems of the labor dispute arbitration should be resolved, such as expanding the scope of subjects and objects; normalizing the time limited of arbitration and establishing the proof rules of arbitration, etc. By these, we can solve labor disputes efficiently, timely and correctly in order to remove the controversy between employees and employers and maintain the stable society.