Research On Mode Of Labour Arbitration And Litigation

Our country labor dispute settlement system in China has since resumed in1987, implementing "one cut two, front of arbitration" mode of labor dispute Commission, which at the beginning of its establishment, and after a period of time, to solve the labor dispute has played a very large role. With the fact that our country economic structural reform going deep into develops, physical labor the organization of shifts going deep into transforms, benefit tells going a step further that the demand diversifies gradually as well as rule of law to further improve, not only the number of labor disputes is rising, but the cause of dispute and controversy increasingly complex and diversification."one cut two, front of arbitration" mode has been unable to adapt to the practical needs of the labor dispute handling, reveal out a lot of abuse, such as the Disarmament Commission to the different standards, cumbersome procedures, low efficiency, lack of supervision of arbitration, arbitration pre-formalized completely limit the parties to the program option,"three principles "virtual.in Arbitration and litigation procedure.To deal with the labor dispute handling the actual need, academics have made to the current labor dispute arbitration and trial mode reform, The reform mode is wraparound rise to basically " just cut without trial, two final cut"," only the CD" system," or arbitration or trial, their final" system," a cut a trial" system," arbitration before trial" system," or arbitration or trial, judge connection" system.A comprehensive analysis of the reform proposals, scholars each are reasonable, each have advantages and disadvantages, and are based on the labor dispute arbitration and trial by transforming the model to solve the practical difficulties, just cut the functions of the allocation, to take a different focus.Through the analysis and comparison of the United States, Germany, Australia and other countries labor dispute processing experience, is not difficult to find these countries actually through the labor dispute arbitration and trial between the rational allocation of labor dispute disposal system of efficient operationIntegrated domestic experts and scholars view, draw lessons from the successful experience of foreign labor dispute handling.The author believes that, to construct a new mode of labor dispute arbitration and litigation, should from set out actually, and the combination of labor dispute with its own characteristics, make full use of existing resources, with less cost in the reform of greater earnings.At present our country labor dispute quantity increasing, labor dispute involving workers interests and the survival and development of enterprises, and even affect social stability, must be timely, fast processing.Therefore, the construction of labor dispute arbitration and trial mode should pay more attention to through the program benefits to execute justice of entity, because" belated justice injustice".The arbitration to its flexible, convenient, fast dispute characteristics determine its timely resolution of disputes, more suitable for the handling of labor disputes. While the suit to rigorous, complex, rigid procedures to ensure the substantive justice.Therefore, this paper attempts to construct the" compulsory arbitration and arbitration or trial" mode is in the" arbitration, litigation as a supplement, cut careful coordination" as the guiding ideology, and strive to achieve the realization of entity justice program benefits of a labor dispute arbitration and trial mode.The model building followed the settlement of labor disputes generally follow the" three principles", also emphasizes the combination of compulsory and voluntary, not only conforms to the national condition, human, social, but can also effectively avoid judge disconnection and form of arbitration of dispute, improve processing efficiency, reduce the parties litigation, save the national judicial resource.This paper builds the" compulsory arbitration and arbitration or trial" mode is in the labor dispute are classified on the basis of, according to the different type of controversy to set different processing program. Labor dispute is generally divided into dispute the rights and interests of individual dispute and collective dispute.In view of the personal dispute is dispute the rights, collective dispute both might be right disputes but also likely to interest disputes, therefore, this article only to dispute the rights and interests of disputes in different processing program design.A small controversy and benchmark controversy as right dispute two specific types of dispute and the benefit dispute of " compulsory arbitration, a final cut", in addition to other rights dispute" or by arbitration or trial, their final" separation of arbitration and trial.In order to make the" compulsory arbitration and arbitration or trial" mode of operation, related facilities, the system must be improved.First, strengthen the work of legislation, making the labor dispute handling procedures; second, implementation of labor dispute arbitration institution entity and trial organization professional; third, aggrandizement " final cut" the arbitration ruling executive strength, ensure the effective implementation of arbitration is; fourth, to unify the judge standard, should strengthen the arbitration organization and the court. Communication, coordination, judge mechanism establish contact system; fifth, in order to guide the parties choose arbitration to resolve labor disputes litigation, relieve pressure, should improve the labor dispute lawsuit fees, interest price leverage to guide reasonable divergence of cases.