On The Formation Of A Labor Dispute Tribunals

Labor dispute in our country has become one of largest, most conflicting, fastest changeable and complicated civil disputes accepted by people’s court. Different from general civil action, labor lawsuit belongs to special litigation species, and based on that, independent judicial proceedings and judicial organs are definitely needed. However, labor disputes brought to trial at large by civil court and the gradually increasing quantity caused the trial efficiency worrisome.It is the inevitable trend that building independent labor disputes court for the administration of justice to become professional. Through deep study of labor disputes characteristics to analyze its current situation and defect, referring to foreign law to make detailed plan about labor disputes court consist of this research theme.This article divided into four chapters:Labor disputes’concept and classification as well as labor dispute litigation’s idea, stigma and value pursuit is illustrated in chapter1.First of all, make an own definition of labor disputes concept by analyzing and comparing several viewpoints in academic circles. Secondly, clear up its main two classifications, define that the labor dispute only points rights disputes. Finally, summarize labor disputes litigation, redefine its concept, systemize its character, function and pursuit of value to provide the theory support for constructing labor dispute specialty court.Chapter2Draw inspiration for ours’reform from analyzing their universality, experience via introducing the representative labor disputes judicial organs in other countries.Chapter3makes an analysis for the main problems and causes of the current labor dispute judicial organ, reveals the issues of labor dispute litigation through judicial efficiency and quality to further its deep reasons, and build the reform plan’s basis and premise in next chapters.Chapter4is the core of our article, it schedules the details for the labor judicial court restructure. Above all, examine the necessity and feasibility of constructing the labor disputes judicial organs, then summarize and compare these academic thesis to raise the idea of structuring labor disputes court. In the next place, make a detailed plan about the labor dispute court from three aspects, that is, the its position in the judicial system, its trial model and power, the allocation of its stuff. At last, Come up with suggestions from perfecting labor disputes litigation pretrial procedure, setting up legal proceedings in small amounts,intensify the labor judges’ training as well as reform and arranging labor arbitration system.