Research On Trial Scope Of The Labor Dispute Litigation

In the labor dispute settlement system of “one arbitration and two trials”, the disputeover the employment between the laborer and the employing unit shall be awarded by thelabor dispute arbitration committee; where the party concerned refuses to accept award, hemay bring a lawsuit to the court. The system is designed to safeguard the laborer’s rightsand interests in a timely and efficient manner. However, the failure to achieve a goodconnection between labor arbitration and litigation is bound to cause the failure of thepurposes of the system, thus a good connection between therebetween must receive dueattention. The confirmation of the trial scope of the labor dispute lawsuit trial is of priorityamong priorities in the connection between the labor dispute arbitration and labor disputelawsuit.In the dispute case over industrial injury insurance treatment between the He andXiangrui Company, the party concerned refuses to accept the award as the final and brings alitigation and in the first trial the defendant submits the defense to the court in line with thearbitration application and the court goes beyond the litigation claim of the plaintiff anddecides the whole arbitration dispute issues. The focus in dispute lies in whether theprocedures violates the law where the trial scope of the labor dispute litigation goes beyondthe litigation claim. The author holds that the fact that the court of first instance reviews thedefense of the defendant does not violate the principe of debate and the decision contents arein line with the litigation claims of the plaintiff without violating the principle of “no trialwithout complaint” and the excess of trial scope of the labor dispute litigation in the case doesnot violate the law.Where the party concerned refuses to accept the partial labor dispute award and brings alitigation to the court, there exists great dispute over whether the trial scope of the court shallbe the whole labor dispute arbitration issues or the part which the plaintiff refuses to accept.The author holds that since the civil litigation trial system applies to the labor disputelitigation, the analysis and discussion shall be based on the basic principles and the relevanttheories in the civil procedural law in the research on the trial scope of the labor disputelitigation. This thesis endeavors to safeguard the legitimate rights and interests of the laborerin a timely and fair manner and makes research on the trial scope of the labor disputelitigation in combination with the adversary system and the principle of debate. This thesis consists of20,500words.