Reflection And Reconstruction For Our Labor Disputes Between Arbitration And Court Trail

Since the recovery of china labor disbutes settlemcnt system,the mode of"one arbitration and two trials with arbitration as a prelude"has been carried out as an effective way .But ,with the establishment and development of socialist market economy and the deepening of reform and opening-up,the number of the enterprise labor disbutes has been soared increasingly with more complex reasons and more items in question.The present mode has not adapted to the need of the social development , According to the present situation and the success and fuilures of the new-isuessed ,it is interested to reconstruct the resolution mode of new labor disbutes in china .It is continuous to analyze the view of scholars in our country at present from the Angle of history in China, it has a single organization view and arbitration and litigation concerning coexist. The relationship between the labor dispute arbitration and trial what the newly issued law provide affirm a new certain specified "a final" system for Chinese labor dispute settlement , also gived special protections to worker's trials right and analyzed the shortcomings of the present relationship between the labor dispute arbitration and trial.Such as unreasonable conbination between mediation arbitration and trials,deficiency in labor dispute procedure standard,unstiuable vestriction of remedy right.From comparising with individual and collective dispute based on the classification of Britain and France, it has a importment position to process mode and rights disputes and interests on the basis of classification of dispute with the United States, Germany and Taiwan, mode of practice.It is the core of the article as well as the innovation of thesis to reconstruct our labor dispute arbitration and trial relationship.The key problem is to establish " separation arbitration and trial with both final " mode, whose theoretical basis is the "procedure option"of the people concerned,also puts forward to expanding the scope of the final arbitration which judicial authority finally guarantee. And distinguish right and benefit disputes, individual dispute and collective dispute, different types of disputes shall apply to the different handling pattern, The author also suggest a special labor trial to alleviate the current situation of labor case surging , try to lay the pavement for perfecting our labor disputes procedure in theory and promote socialist harmonious development of labor relations.