The Problems And Improvement For The Finality Of Rbitral Award System Of The Labor Disputes

《Law of the People’s Republic of China on Labor-dispute Mediation and Arbitration》was carry out on May1,2008. This law has combined the character of the labor disputeand Labor dispute processing mechanism, and bring the arbitration system in civil andcommercial matters in order to resolve the labor dispute faster and more effective. But thissystem exist some legal principle and operational questions in practical, and even hider thepurpose of this Law.<Judicial interpretation(three)>and <judicial interpretation(four)>have carry out on September14,2010and on February1,2013. This means the labordispute was constantly improving, but has not settle the question as usual.The first chapter mainly introduces definition and characteristic of both laborarbitration and commercial arbitration and shows the differences between them, forexample, the subject, the scope and the relationship between them. At last, we canconclude that our labor arbitration is not the true single and final arbitration.The second chapter mainly lists the two views of the domestic scholars and expertshave on carrying out the single and final arbitration in solving labor disputes. The approverthinks that it is beneficial for preventing some employer from delaying time of maliciouslitigation, and can short the time of protections for workers. Instead, the opposite viewsthat it is not real single and final arbitration and it is defective whether in theory and inpractice. The action between the employer and the employee is unequal. And actually, ithad not reduced the quantities of the litigations. Finally summed up the system of singleand final arbitration didn’t set up the system of the original idea, and added to a certainextent "new disease".The third chapter of this paper is mainly based on the analysis of the two chapters, weshould reform our labor arbitration. And introduces the labor arbitration in America and France. We can learn more from them. First of all，we should set up a mechanisms, inwhich employee and employer have right to choose the proper way they think, to deal withthe dispute by arbitration or litigation. And if they choose the arbitration, the arbitration iseffective to them, they also can not to choose litigation to solve the disputes. Secondly, weshould consummate the supervision of the existing arbitration, include internal and external.And the third we should consummate the articles of laws which the arbitration committeeor court apply.