| Labor relation is the most basic social relation, that is, the social relation occurred during the process of people to engage in labor, and it is mainly shown as the relation of labor rights and obligations occurred between laborers and employing units, such as enterprises, public institutions, state organs, social groups and individual economic organizations. In the matter of the connotation of labor relation, it includes labor employment, rest and leave, allocation of labor, labor security, social security etc. If our labor relation is in tense and disharmonious state, it is difficult to fully mobilize the activity and creativity of all the laboring masses including the working class, therefore, it must deeply know that the establishment of harmonious labor relation is the inevitable requirement for building harmonious society. The arbitration system of labor dispute was recovered in this country in 1987, along with the successive issue and implementation of the Labor Law of the People's Republic of China in 1994 and Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes in 2007, the handling procedure of labor disputes with one mediating-one arbitrating-two judging is formed, that is, when labor disputes occur, firstly mediate, then arbitrate and at last judge for two times.The original intention to design handling procedure of labor disputes is to resolve most labor disputes in the phase of mediation and arbitration by taking arbitration as center and litigation as supplement, and taking mediation as a kind of auxiliary procedure that can be chosen. Although the current system is instituted according to the original intention designed by the procedure, based on keeping the original procedure of one mediating-one arbitrating-two judging on the whole, carry out single and final arbitration for some cases, complete the organization for handling labor disputes and systems concerning labor dispute handling, and make clear the prescription, time limit, effectiveness etc. of the mediation and arbitration of labor dispute. Generally speaking, the handling system of labor disputes in this country--one mediating-one arbitrating-two judging has made great achievements on the aspect of adjusting labor relation, played certain roles on the aspect of protecting the legitimate interest of persons involved and also established the authority of the Labor Law of the People's Republic of China at the same time, the above should be affirmed. However, it also must be seen that the handling procedure of labor disputes also has the following issues: mediation organization is lacking in incentive mechanism and motive restriction to pursue public credibility, justice and work efficiency; mediation procedure is unnecessary procedure which influences on the performance of mediation function; the implementation capacity of the mediation agreement of labor dispute doesn't have legal support; the trust of persons involved for arbitration is reduced for the semi-official nature of arbitration agency and the designation system of arbitrator; the arbitration award of labor dispute is lacking in independence and authority; arbitration first of labor dispute is against justice and efficiency; the provisions on the contentious jurisdiction of labor dispute is unreasonable; judicial proceeding is lacking in relief; the applicable laws of arbitration and judicial decision are inconsistent. In such a case, the mediation agreement achieved after mediating can't be carried out actually for without legal support, and persons involved have to apply to arbitration or litigation again, which cause litigation exhaustion to persons involved so that it's possible to have to give up the wonderful dream of right-safeguarding at last; although the arbitration of labor dispute carries out single and final arbitration for certain cases, most arbitration awards of labor dispute are in very unstable status because of persons involved still probably institute proceedings, whether can receive implementation or not is completely depended on whether persons involved institute proceedings or not, or whether the court accepts and hears or not, or how the court makes judgment after acceptance, in such way, applying to arbitration made by the persons involved is only in order to go through the motions and make preparations for instituting proceedings, and under certain circumstance, arbitration proceedings exist in name only; after persons involved of labor dispute institute proceedings to court, judgment will be made by the court according to the provisions of Civil Procedure Law of The People's Republic of China, moreover, the legal ground adopted by litigation of labor dispute is different from the legal ground adopted by hearing of arbitration, undoubtedly, it will result in the disagreement between litigation and the results of arbitration, the arbitration award will also be overthrown after the judgment is made. The occurrence of these issues is very easy to cause that persons involved can't safeguard their own rights by using legal weapons, and it is bound to lead to that the labor disputes can't be solved in time.In connection with the above issues concerning the handling procedure of labor disputes, the author considers that the adjustment should be made based on the original handling procedure of labor disputes: the mediation organizations set up inside enterprises should be converted into the mediation organizations outside the enterprises, establish regional and professional mediation organizations for labor disputes, establish and carry out the enforcement procedure of dispute mediation results, whether choose mediation procedure or not is chosen by persons involved voluntarily, at the same time give the power to put teeth in mediation results, that is, once the mediation agreement achieved, persons involved must carry out except for existing legal invalidity or revocable situation; substantialize arbitration agency, further improve three parties principle, establish the arbitration agency for labor disputes which is independent of administrative organs, really substantialize three parties principle, and reflect just and fair principle for handling a case during the process of arbitration for labor disputes so as to better play the roles of solving labor disputes; set up effective system of supervision on arbitration for labor disputes, when increasing the quality of arbitration for labor disputes, in order to prevent from violating arbitration proceedings and prevent arbitrator from violating professional ethics, the law and discipline as well as practicing favouritism and committing irregularities, trade supervision as well as professional ethics education and restriction for arbitral organizations and arbitrators should be carried out by China Arbitration Association, judicial supervision and business supervision on arbitration for labor disputes should be made by people's court, and the scope of judicial supervision limits to procedure, without involving the hearing of the management on substantive rights and obligations; arbitration or trial should be carried out in the arbitration for labor disputes, labor court should be established by people's court especially for hearing cases of labor dispute, cancel arbitration first, establish the double-line handling procedure of labor disputes of separation of arbitration and trial and ending separately, in this way, it can not only straighten out the relationship between arbitration and judicial proceeding, simplify procedure and change people's negative understanding for the third instance as the final of labor dispute cases, but also can reduce the caseloads of persons involved, protect the legitimate interest of persons involved timely and fully and guarantee the integrity of litigation rights.
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