Study On The Linlingsystem Of China’s Labor Dispute Arbitration And Litigation

Along with our country market economy structure adjustment and speed up thepace of labor employment system reform deepening, the labor dispute and theincreasing scope of accepting cases, all kinds of labor dispute increased day by day,1995to200612years, a labor dispute case quantity increased13.5times; Collectivelabor dispute case quantity increased5.4times ". the "labor relations has become themost outstanding social and economic problem", but and labor dispute appearconstantly new compared to present labor dispute processing system show the doesnot adapt, from our country current situation and the labor dispute mediationarbitration law for the implementation of, how to build up a set of effective labordispute processing mechanism, cohesion good labor dispute arbitration and litigationrelationship, especially when labor disputes not through consultation and arbitration,how to through the procedure effectively solve dispute, in order to maintain socialnormal production order, this undoubtedly is the fundamental aim of labor legislation.Based on the relationship between cutting review of the history and presentsituation of regulating, analysis, fully understand the arbitration and litigation boththe irrationality of cohesion, not really digestion contradiction; Cut the scope ofaccepting cases of trial definition is differ, the relief way interrupt; Cutting trialresults are not consistent, law enforcement scale is differ, etc. But see arbitration andlitigation two kinds of labor dispute handling procedure rationality of the existence ofreference on individual controversy and collective disputes on the basis of theclassification of English, French processing mode and the right dispute and benefitdispute on the basis of the classification of virtue, red processing mode to our countryand cutting the enlightenment of the judge relations, proposed that we should take thearbitration and litigation coexist binary mode, i.e., to use the "classification processing, cutting trial separation, dispute shunt" approach to solve the labor disputearbitration and litigation linking problem.