On The Reconstruction Of Labor Dispute Arbitration And Litigation In China

In the fast development of China’s socialist market,labor relations have become an important part of social relations. In recent years, disputes between workers and employers has become increasingly prominent, the number of labor dispute cases increased year by year, so the current how to properly handle disputes related to the healthy development of China’s socialist market economy and society as a whole harmony stable. However, at present, the China’s labor dispute settlement system of "one arbitration and two trials with arbitration as a prelude" has been unable to meet the processing needs of the labor dispute cases, this model is not only the Commission increased the time and cost of labor rights of parties to the dispute which led to the labor dispute process procedures inefficient, but also disguised deprived the right to choose the party’s program, while this mode the Commission excluded party autonomy, does not comply with the voluntary nature of arbitration. In addition, this model UNDC the labor dispute arbitration and litigation grafted together to force the Commission also caused poor convergence problems. Therefore, the reconstruction of our country’s labor dispute arbitration and litigation relational schema has a positive meaning.To this end, the author of China’s current" one arbitration and two trials with arbitration as a prelude " after the relationship model to inspect the status quo, comparing labor dispute developed outside the main draw cut-trial mode advanced experience and learn from the current academic theory, combined with China’s basic conditions proposed in our establishment." separation arbitration and trial, but there are exceptions," the labor dispute arbitration and litigation Relations Framework.The full text is divided into five specific parts:The first part introduces some basic concepts involved in the labor dispute settlement mechanism, and analyze the significance of reconstructing the relationship between labor dispute arbitration and litigation; the second part inspect the current labor dispute mode of one arbitration and two trials with arbitration as a prelude " and analyze the problems of this model,because of the presence of a variety’of problems in the current model, so to construct a new relationship model arbitration and litigation before it is necessary; the third part A comparative study labor dispute settlement patterns of the United States, Germany, United Kingdom and the French, analyze and summarize the characteristics of the labor dispute extraterritorial processing mode to learn from their advanced experience, get inspiration; the fourth part of our current academic sort of views on the relationship of labor dispute arbitration and litigation of and to analyze the advantages and disadvantages of various modes of reconstruction in order to draw on the basis of previous research and the reality on the construction of domestic labor dispute arbitration and litigation new relationship framework; Part V realistic basis according to the labor dispute settlement mechanism in China and advanced experience outside the labor dispute settlement patterns proposed construction "or cut or trial, but there are exceptions," the labor dispute arbitration proceedings with the new relationship between the structure and made of "or cut or trial, but there are exceptions" mode of labor dispute arbitration system litigation system and improve the proposal, noting that "or cut or trial, but there are exceptions," independent and coordinated manner, labor dispute arbitration and litigation system under the mode.