The Relationship Between Arbitration And Trial Of Labor Dispute Cases

The relationship between arbitration and trial of the labor disputes case is mainly aimedat the feature of our current labor dispute resolution mechanism.The current is set bynegotiation, mediation, arbitration, litigation, as the main aspects of the labor dispute handlingsystem.Labor arbitration and labor trial is the core of this system link. Pre-procedure of thelabor dispute is arbitration proceedings.Parties only through arbitration and this will bethrough pre-procedure before reaching court.Then,The court hears the disputes through theordinary civil procedure (second instance of final appeal)This system design is very characteristic of the specific terms such as:In this systemArbitral award is not completely final and effectiveness;Object of arbitration and courts of thesame object;The labor case is entering the stage of the proceedings as an ordinary civil casesfor trial;The protection of arbitration and trial is different;Interface between elements of thetwo procedures has diversity.These features is because of the advantages of the legislators inorder to retain the arbitration and litigation two dispute settlement procedures,so that the twocan be the combination of.The significant feature of embodied labor disputes settlementsystem is different from a simple arbitration proceedings and proceedings.By analyzing the relationship type of the Disarmament Commission and with foreignexperience, and allow readers to see the advantages and disadvantages.Combined with the actual trial experience in a number of procedural issues and propose somesolutions.Specifically, for example: to strengthen the authority of the arbitration phase of thearbitration to implement.Effectively extract the follow-up trial decompression, do a good jobin cases of diversion to play its role;Reduce the burden of litigation and to strengthen thesupervisory role of the proceedings, and strengthen its authority, to improve judicialproceedings and to make it better adapted to the particularity of the labor dispute,which needto rationalize the arbitration and litigation relationship;In raising these questions, try to makea better form an overall structure, appropriate to put forward their views at the macro level tounderstand the structure of the labor dispute resolution system.