The Introspection Of China’s "Arbitration First And Then Litigation" Mode

China’s current settlement mechanism of labor dispute is established under theplanned economy, it has been improved several times and played an important role toalleviate the burden of the court. People can solve problems under a harmoniousatmosphere and get the ultimate guarantee of justice, which played an active role inpromoting China’s economic development and social stability.However, it is undenialble that there are still many problems, it can not meet theneeds of the parties and the dispute can not be treated as soon as possible, restrictingthe social development and wasting a variety of the resoures, which affected thestability and harmony of the society. It is difficult of the the current system to developits role because of the complicated procedures and long time, which is harmful toprotect the right of the workers and also wastes the judicial resources. Considering thenew traits of the dispute, we have to rethink and perfect the existing pattern.My article introduce the background and operation of the current mode first, inthe second part I analyse the operating condition in a perspective of positivism, in thethird part I evaluate the mode in different ways, in the fourth part I introduce the othermode and make a summary, in the last part I give my own advice and elaborate it,that is to set a new pattern.During my writing, I can feel that the majority of the workers in China are in aweak condition in the labor dispute, there is no doubt it is important to set a usefulsystem to settle all the problems between them, but the awareness of the rights is also important. In fact the settlement is a legal safeguard, what is important is to make thefirms and its leaders respect the rights of the workers by law and other pressure. I alsohope our legal system can be developed and the process is more fair, in this way therights of the workers can be respected and protected.