From The Concept Of Arbitration Essence Points In Labor Arbitration’s Preposition In Our Country

The arbitration as a way to settle disputes come from social practice. With the diversified development of social disputes, to develop various types of arbitration concept. A kind of labor arbitration as a concept, in the process of labor dispute processing also has an important position. Our country <labor dispute mediation arbitration law>stipulated in article 5/47/48 laborer is in after labor dispute through negotiation, mediation, arbitration and litigation way to settle, in certain circumstances labor award for final. Lawmakers must be diversified dispute settlement mechanism in the rapid, timely and effective safeguard laborers’ rights and interests of the role of solving labor dispute, but in the process of labor arbitration, multiple dispute resolution mechanism is not chosen by the parties, but to apply for arbitration, the arbitration under the condition of the law when they filed a civil lawsuit.Labor arbitration as the prepositional procedure of lawsuit in the theoretical circle has been criticized by many scholars. Scholars generally agree that the labor arbitration prepositional procedure is not in conformity with the properties, the authors agree to cancel the opinions of the labor arbitration front., however, are different from other scholars research, the author adopts the concept analysis of research methods, tried to pass on the arbitration concept, gain the understanding of the nature of arbitration concept, and on this basis, from the concept of labor arbitration and the arbitration of labor arbitration in the logical relationship of mandatory was with the judge.Legal concept is the essential attribute of legal affairs, a thorough research on legal concept is the basis of legal research. System theory, using historical analysis, comparative analysis, this paper demonstrates the arbitration attribute the source of the essential attribute of the concept of arbitration is what? From the essence of the concept of property will not be able to call the concept itself. All sorts of legal concept attribute does not exist independently from central area. Article first combs to cancel the view of labor arbitration prepositional procedure, scholars generally agree that the labor arbitration lead is not in conformity with the concept of property, labor arbitration as a concept of arbitration, should possess the property of the arbitration. But the research of scholars seems to so far, few scholars further step of arbitration properties exactly? This is this is the main content of the author need to demonstrate. On the basis of the questions on the one hand, from the perspective of etymology, history of the concept of arbitration to the arbitration and litigation of the relationship. From at the beginning of the law, arbitration, as a kind of comes from social private right way to solve disputes and litigation are independent of each other, each other can not be replaced by way of two kinds of dispute resolution, along withthe development of the medieval society autonomy subject, gradually developed into against the power of the monarchy, is restricted by the power and control to the modern various countries legislation to give support and supervision of arbitration, the arbitration historical evolution shows that, as a kind of private right its roots itself and social autonomy.On the other hand the author from the dispute resolution system to demonstrate multiple dispute resolution mechanism, illustrate the arbitration as a means of independent dispute resolution, compared with litigation, mediation has its own uniqueness and to play a function. Arbitration concept is the essential attribute of social autonomy, disputes are subject to dispute processing of self-management, self-discipline, the jurisdiction of the law of this selfaffirm, given its binding. From the labor arbitration and the logic of relations and labor arbitration empirical Angle discussion to cancel the labor arbitration and the rationality of the front and puts forward Suggestions for labor arbitration and litigation reasonable cohesion.