Research On The Relationship Between Arbitration And Court Trail In The Procedure Of Labor Disputes Resolution

Labor relationship is the basic relation in maintaining the existence of human society.China’s economy and deepening of reform have developed,but the labor relation becomesmore and more complex and diversified,so labor dispute cases increases dramatically year byyear. The cases becomes more complicated and influential. The present labor disputessettlement system gradually reveal its weakness on incoordination with the economy andsocial development, could not fulfill the need of settlement of the more and more complicatedcases. The reform of the present labor settlement system is in urgent need.In the present labor disputes settlement system, coordination and mediation are non-legalcompulsory method and have lost its practical meaning. Arbitration and litigation are legalcompulsory method and are widely used by parties involved in labor dispute cases. But theweakness of the latter method which is widely used is mainly on the relation of “arbitrationand adjudication” of labor disputes. Therefore, the key point of solving this problem is torationalize the relation of this “arbitration and adjudication”.This essay includes five chapters:Chapter I: preface, including the aim and significance of the research; present situationof the research domestic and abroad; the method and renovation of the research.Chapter II: The relation and relative concepts of “arbitration and adjudication” of thelabor dispute. Also in this chapter it defines the basic concepts of the related to “arbitrationand adjudication”, concludes the characteristics and types of labor disputes, analyses thedifference of labor dispute and civil dispute, evaluates the mode of “arbitration andadjudication” in academic area.Chapter III: Evaluate and analyse of the present mode of “arbitration and adjudication”.In this chapter it analyses the advantages of the present mode and propose the necessity ofexistence to the present mode, also lists the disadvantages such as wasting money and time ofthe parties due to excessive procedures; meaningless of the preposition to the procedure ofarbitration; the different understanding and application between the courts and arbitration institution to laws; different rules and lacks of connection between labor arbitration andlitigation; litigation without checking the result of arbitration; different standards ofarbitration and so on.Chapter IV: The introduction and enlightenment of the mode “arbitration andadjudication” abroad. It analyses the mode in Germany, USA, Australia and so on andproposes to establish special court(tribunal) for labor. It follows “three disciplines” to allocatethe staff working in these special courts, and the arbitration should be supervised andexamined by courts and other advanced experiences, which we can use for reference tochina’s mode.Chapter V: Improve the present mode “arbitration and adjudication”the article aims atstrengthening arbitration, more communication between courts and arbitration institution,establish special tribunal, set up regulations that courts investigate arbitration award withlimitation, make mediation a must procedure inside the litigation, and courts and arbitrationinstitution reach agreement with each other on scope of accepting cases, rules of evidence,regulation of turning over cases to improve the relationship of “arbitration and adjudication”in present labor dispute and finally reach the objective of safeguarding the legitimate interestsof parties in labor relationships.Basing on the present labor dispute settlement system, through the research of therelation of “arbitration and adjudication” at home and abroad,at the same time deeplyanalyzing the present system we use in china, learn advanced experience about “arbitrationand adjudication” of labor disputes from German, USA, Australia and so on, the article aimsat strengthening arbitration, more communication between courts and arbitration institution,establish special tribunal, set up regulations that courts investigate arbitration award withlimitation, make mediation a must procedure inside the litigation, and courts and arbitrationinstitution reach agreement with each other on scope of accepting cases, rules of evidence,regulation of turning over cases to improve the relationship of “arbitration and adjudication”in present labor dispute and finally reach the objective of safeguarding the legitimate interestsof parties in labor relationships.