On Arbitration And Litigation The Convergence Legal System Building,

Our country labor dispute processing system disperses sees to "Labor law", "Labor dispute Processing Rule" and the Supreme People's Court's judicial interpretation, this aspect legislation not only is apart from the nowadays time to be longer also to lack the systematic characteristic, standard, causes the labor dispute case to meet more theories and the operation aspect barrier in the actual process ingaspect, This article take labor dispute solution as the center, the system analysis present labor dispute processing system malpractice, in this foundation pointed out the arbitration department and the court strengthened the labor dispute case to process links up the way, then proposed consummated our country labor dispute processing system the concrete conception, the paper altogether divides seven major parts:First part: Introduction. The present labor dispute aspect legislation links up to the work arbitration and the legal procedure relations, work arbitration application effectiveness for a period of time and limitation of action question and so on relations had not stipulated, frequently has the worker to sue does not have the gate, between the arbitration department and the court mutually shifts responsibility onto others, in the practice does things their own way and so on the phenomenon, causes the worker rights and interests to obtain the practical maintenance with difficulty, to this proposes this article writing meaningSecond part: Our country labor dispute processing system. This part first explains to the labor dispute concept and the labor dispute concrete content, then analyzes our country "one cuts and two examines" the labor dispute processing system frame and the legislation original meaning, then pointed out the arbitration pretage procedure the establishment the adverse effect which for the arbitration procedure, the legal procedure creates.Third part: In world scope labor dispute processing system comparison. This part of summaries has analyzed in the world scope five kind of disputes mediation pattern, and emphatically introduced the Hong Kong and Taiwan area mediation system characteristic, with shows the mediation system in the labor dispute processing vital role. In addition has analyzed the overseas labor dispute arbitration system, the overseas arbitration system mainly divides into the voluntary arbitration and compulsory arbitrates two kinds, and take this as the example, introduced its work arbitration three kind of concrete form. Through to the overseas mediation, the arbitration system research, induces in the world scope the labor dispute solution pattern value orientation, namely "efficiency", "quickness", "convenience", thus front proposed our country sues forces to arbitrate the system not to conform to the solution labor dispute procedure establishment international convention.Fourth part: Present labor dispute processing system flaw. Front this part of research analyzed in our country labor dispute processing system to arbitrate the effectiveness for a period of time system unfairness, sues forces to arbitrate the system the malpractice, the arbitration and the lawsuit conflict manifestation, the people's court carries on the examination to the arbitration ruling not the validity, the arbitration and the lawsuit comes apart and so on five major problems, enable us to have a more comprehensive cognition to the present labor dispute processing system insufficiency.Fifth part: Constructs our country labor dispute arbitration and the lawsuit links up the mechanism. The union judicature practice, this part of authors proposed completes the arbitration and the lawsuit eight aspects title contact, namely: Original defendant main bodystatus linking up, individual economy organization as arbitration main body and lawsuit main body linking up, arbitration ruling and court decision linking up, arbitration countersuit and lawsuit counter suit procedure linking up, How the arbitration application effectiveness for a period of time system and does the limitation of action system link up and processesin the lawsuit to increase the lawsuit to request, the arbitration does not give the struggle which accepts to move the dispute the judicial relief, directly has not entered the lawsuit three kind of situations after the arbitration processing, this eight kind of situations basic letter has covered the difficulty and the question which in the present labor dispute processing practice meets.Sixth part: Labor dispute processing system heavy construction tentative plan. Malpractice exists which in view of above our country labor dispute processing system in, from long term focuses, this article below proposed consummates our country labor dispute processing system the concrete conception: First, profits from the foreign experience, again constructs the labor dispute mediation system; Front next, the reform sues forces to arbitrate the system, the establishment "only cuts does not examine" the pattern, according to two cuts the result request, the reform present arbitration system.Finally, in "only cuts does not examine" under the system, the revision presently "Arbitration act", entrusts with the society to arbitrate (voluntary arbitration) the organization solution labor dispute function. Seventh part: Conclusion. The summary this article fundamental research achievement and the judicial practice value, proposed this article studies not place and the intravenous drip feelings.