Research On The Properties Of The Labor Dispute Arbitration In China

In order to make our fair labor disputes can quickly be resolved, according to the labor dispute own particularity established a unique dispute settlement mechanism,namely, "a tune a cut two trial" system, in the event of labor disputes, first of all you can in-house consultation, mediation, if the dispute can not be arbitration or mediation without direct consultation with the arbitration, the arbitration satisfied with the results, you can bring a lawsuit to the people’s court within the statutory deadline.Arbitration proceedings which are pre-programmed, that compulsory arbitration of labor disputes.Labor dispute arbitration system as a labor dispute settlement mechanism in China in an important way of dispute settlement, since its establishment in 1987 from the early days to recover now and then, a total experience of establishing, interruption,recovery and development and improvement of the four stages, the current is in a stage of development and improvement. The economic base determines the superstructure, the current effective system designs generally do not have advance at different regions and different social background of a development system is always along a certain trajectory, corresponding to the labor dispute arbitration system in a particular social context generate development still inadequate. Labor dispute arbitration system in China from the institutional setup, personnel composition of the selection to the composition of the arbitration tribunal, the arbitrator is showing strong administrative, this caused our country labor dispute arbitration system in legislation and practice on the serious division, as a result, some people think that our country labor dispute arbitration system is a departure from the essential attribute, is not really the arbitration, etc. Above problems led to the nature of the labor dispute arbitration to now is still difficult to define, both academic and practical circles are filled with a variety of different voices, some scholars think that our country labor dispute arbitration quasi-judicial nature; Also the scholar thinks, our country labor dispute arbitration is private property; Also some scholars believe that: our country labor dispute arbitration is, in fact, administrative adjudication. But has not yet reached a preliminary agreement. In this paper, the author tries to base on reality, follow historical development trajectory, explore its roots, to define the nature of the labor dispute arbitration in our country, to perfect the system of labor dispute arbitration in our country, the healthy development of the labor dispute arbitration system in our country, make it a better service for the social stability and build a harmonious society has important significance. By the labor dispute arbitration system in China comparedwith civil and commercial arbitration system and the administrative adjudication,combined with the nature of the academic circles of our country labor dispute arbitration in 4 main points list and evaluation, puts forward the labor dispute arbitration system in China is a kind of judicial, administrative and folk fusion generation system, labor dispute arbitration system in our country and characteristics to the diversity of views.