A Study On The Limitation Of Labor Dispute Arbitration In China

Limitation of labor dispute arbitration system is an important part in the labor legal system. At present, China’s processing "cut a two-tier" processing system are used in the labor dispute cases, arbitration procedure is defined as labor have case is processed the pretage procedure, but because of most of the ruling of the non final, coupled with labor disputes litigation fees low, a large number of labor dispute cases in after the arbitration procedure and entered the proceedings. Therefore, not only the arbitration organization dealing with the cases of labor dispute need for labor legislation, including the relevant provisions of the validity of arbitration, as a "two-tier" of the court in dealing with labor dispute cases also need to apply the relevant labor legislation, including the provisions of the validity of arbitration. But because of China’s labor legislation has many deficiencies, even be blank. In practice, the existing legislation on the limitation of labor dispute arbitration and different legal person will have a different understanding, many of the labor dispute cases in the arbitration was to have a time limitation of arbitration and barrier at the door, although according to the instance of a judgment may be entered the stage of the proceedings, but because of the lack of legislation, in different regions even with the people’s court in the region appeared different codefendant phenomenon. Therefore, the correct application of arbitration to resolve labor disputes, not only affect the labor dispute handling mechanism and operation effect, and also whether the interests of the parties get legal protection, and even affect labor relations. Therefore, it is necessary to study the current prescription of labor dispute arbitration in China.This paper is divided into five parts:the introduction part mainly elaborates the significance of the topic, the domestic research status and the research methods and innovations; the first chapter on the concept and the limitation of labor dispute arbitration nature, value and its related concepts were summarized, and the status quo of China’s limitation of labor dispute arbitration system analysis, laying the foundation for the following; the second chapter on the evolution of China’s labor dispute arbitration system of limitation of history to be summarized, from the current domestic legislation to implement, and discuss issues of limitation of labor dispute arbitration law in the formulation and application of the research; the third chapter through the combination of theory and practice, put forward to perfect the labor dispute in China the limitation of arbitration system the necessity, principles and legal basis, finally proposed consummates our country limitation of labor dispute arbitration system of legal advice; The concluding part of this paper, the reasons for writing and the most important point of view, made a brief summary.