Labor Dispute Arbitration And Civil Litigation Procedure Connection Problems

Labor arbitration system in most countries and regions have existed, but the laborarbitration in our country and in the evolution of integrated into its own characteristics and"become an independent school", which also has administrative color, also has the color ofjustice. Labor arbitration system in the very Chinese characteristics, tensions betweenarbitration and litigation has been in practice more prominent, the court change ratioarbitration has reached nearly70%, suggesting that the cohesion of our existing laborarbitration and civil procedural problems.The first chapter for labor arbitration and cohesion of civil procedure research status athome and abroad is summarized, the whole research in our country is not in the minority, butmost concentrated in the mode of the dispute about the concept of legal status, lack oftolerance, which leads to the existing research results difficult to put into practice. The foreignresearch, realize the particularity of labor arbitration, therefore has no objection to thecoexistence system of labor arbitration and litigation, but think of the labor dispute settlementmechanism is too liberal is not conducive to the protection of workers.In the second chapter, the present situation of our labor arbitration and civil litigation andits causes are analyzed. Our labor arbitration and civil litigation are not without cohesion, butthe problem is that there are many poor convergence problem. Although the legislationregarding the labor arbitration and civil litigation legislation that do good, but in practice hasbeen highlight institutional predicament. The main dilemma is: after the arbitrationproceedings, litigation to the high rate of the high rate of. The reason of labor betweenarbitration and civil litigation are sluggish is mainly reflected in three aspects: legislation,poor convergence, applicable law, arbitration institutions and the courts were poorcommunication.In the third chapter, this paper puts forward three basic goals, convergence of laborarbitration and civil litigation: reduce v.tired, reduce the labor burden, improve the courtauthority of labor arbitration. Analysis in the fourth chapter, model for the scholars proposedtwo types of labor arbitration and civil litigation relationship, that if a single track model(including the "trial without cutting" mode,"arbitration without trial" mode, implement by stages "arbitration without trial","trial without cutting"), and survival mode there are practicaldifficulties, the design goal and can not effectively implement the labor dispute settlementmechanism, the coexistence pattern of the current limit of improvement has become the mostrealistic solution.In the fifth chapter, the deconstruction of mechanism of arbitration of labor disputes inChina, made one one of the labor arbitration and civil litigation procedure specificconvergence process. The arbitration body mainly involves: connect the arbitrationorganization and the court, arbitrators and judges cohesion. Labor arbitration organizationentity is the basis to realize be right and proper, is the premise of the realization of legalindependence, the fair image, and then with the court for flat butt. The need to improve thequality of arbitrator in the great degree, which related to the legal status of labor arbitration or,if the labor arbitration social functions at present, is to improve labor arbitrator standards, thedevelopment of our long-term legal education to provide the talent guarantee. In the case ofprocedures, including cohesion, cohesion processing problems arbitration prescription andlimitation of action by the scope of accepting case range and litigation, arbitration jurisdictionand litigation jurisdiction cohesion, counterclaim in. The pre procedure, labor arbitration,labor arbitration in the scope of accepting cases, the limitation of action and jurisdiction hasreplaced the litigation, litigation and litigation jurisdiction problem, the prescription of laborarbitration, labor disputes in the aspects of the scope of accepting cases, should be relevantsystem wide in litigation, so as to reflect labor arbitration for labor disputes more relief. Inproceedings, arbitration rules of evidence and rules of evidence in litigation, arbitration andlitigation cohesion court trial mode interface. Because the connection is not a labor arbitrationand litigation procedure is to realize the Labor Arbitration Litigation, but to embody the laborarbitration and litigation procedure of division of labor, each one has his good points. Thisrequirement, labor arbitration proceedings should have more flexibility, at the same time forlabor arbitration in its flexibility within the credibility.The sixth chapter analyzes the supervision and support for labor arbitration court,because the court has the judicial finality, the system involves is the last line of defense ofsocial dispute resolution and justice, need therefore labor arbitration are under courtsupervision, on the other hand required court support, optimize the allocation of judicial resources in order to. Institute for the supervision of labor arbitration including supervision isnot as to its and the improper supervision as. Including the court of arbitration court supportand the arbitration of labor arbitration support support. In the supervision and support is a wayof labor arbitration and litigation cohesion, but also should pay attention to labor arbitrationand litigation each division, not excessive contact for others. In addition, the court also shouldimprove the labor litigation proceedings, which actively and labor arbitration to realizeseamless connection.In summary, this paper’s attitude is to minimize the social cost to achieve convergence oflabor arbitration and litigation, which requires us to carefully analyze the dispute settlementsystem function and labor arbitration should assume the social position. We need not blindpursuit of Westernization, nor extremely arrogant, and should fully respect the local superiorresources in China, the western mature labor dispute settlement system, improve the treatmentof labor disputes in China with the development of.