Researches On Certain Questions Of Labor Dispute Lawsuit

Labor disputes, also named work disputes, generally refer to a variety of rights and interests conflicts and controversies between labors and employing units when carrying out labor laws ,regulations and contracts. Labor dispute System includes coordination, mediation, arbitration and litigation, and the labor dispute lawsuit is ultimate judicial safeguard of the labor dispute solution. The labor dispute lawsuit refers that the labor dispute litigants file the charge to the court in view of the rights to work item, and the court carries on trying and the decision legally to the case. The labor dispute lawsuit distinguishes between the ordinary civil action and the administrative proceedings. However, because of posteriority of the existing labor legislation, there are serious gaps in China's current labor dispute litigation system, which are mainly manifested in such areas as unreasonable relationship between labor arbitration and litigation, vague jurisdiction of labor dispute litigation, indefinite burden of proof for litigants and irrational arrangement of judicial organs etc., so that the role of litigation in labor dispute treatment system has not been well played.This article divides into two major parts as a whole. The first part is the first chapter, and elaborates the labor dispute lawsuit's concept and the type. Based on the compares between work lawsuit and ordinary civil action, administrative proceedings, labor dispute arbitration system and so on, it proves work lawsuit unique procedure and principle, and mainly macroscopically carries on the introduction to the work lawsuit. The second part is this article key point, and introduces labor dispute lawsuit system, proposes the system existence many question and countermeasures. Specifically speaking, the second part altogether divides into four chapters.The second chapter introduces the case accepting and jurisdiction of labor dispute lawsuit system, summarizes and refines actual contents of the civil procedure law and the labor law, and proposes individual viewpoint and the countermeasure aiming at special accepting with the jurisdiction questions.The third chapter introduces our country labor dispute trial organization pattern and patterns of western developed countries including Britain, France, Germany and Australia. Then taking these for references, it proves restructuring and the consummation of our country labor dispute lawsuit trial pattern.The fourth chapter elaborates proving responsibility distribution system of the labor dispute lawsuit. Through introducing the jurists' appraisal to the present system, the article proposes individual opinion to make system user-friendlier.The last chapter is also the key chapter of the second part. Through elaborating the relations between present labor dispute lawsuit system and arbitration system, it states the flaws of these relations, and proposes suggestions of perfecting present labor dispute lawsuit system, hoping displaying function to restructuring and the improvement of labor dispute processing system.