The Research On China's Finality Of Arbitral Award System Of Labor Disputes

The labor dispute arbitration system has developed for over twenty years, on the whole, research on the labor dispute settlement system is still at the exploratory and improvement stage. In China's labor dispute settlement system, arbitration is forcibly settled before litigation, adopting a "mesh screen" approach, in an attempt to bypass a portion of the labor dispute arbitration phase out, in order to reduce litigation pressure of the People's court. Especially since The Law of People's Republic of China on Labor Dispute Mediation of Arbitration was carry out on May 1, 2008, which clearly defines the small labor disputes and labor standards dispute these two types of disputes are applied the single and final arbitration system. The system is called the highlights and innovations of the labor arbitration system.This article introduced the implementation of the single and final arbitration system during 2008 and 2013 six years, and Shenzhen Labor Dispute Arbitration Committee provided twenty-four arbitration awards, I have classified and analyzed these arbitration awards. I noted that the current problems in the practice and theory.More than seven years of judicial practice has proved that the single and final arbitration system has solved a large number of labor disputes, but there are still some problems, it hasn't fully achieved the legislators' expected results. In the implementation process of the single and final arbitration system, it shows many problems: the scope is too narrow; the provision about the single and final arbitration system is not uniform; the litigation rights are unequal between employers and employees; the procedure between the arbitration and litigation is not smooth; the legal cancellation procedure of the final awards is not perfect and so on. This article also occurred and analyzed the reasons of problems, and learn from foreign models.Finally, on the basis of data-support and academic theory views, this article affirmed the positive role of the single and final arbitration system. Since the system was carry out, a large number of labor disputes have been resolved quickly and effectively. This paper presents recommendations, first of all, we should expand the scope of the singleand final arbitration system. Secondly, we should uniform provisions of all regions in China. Thirdly, solving the problems of inequality right to appeal between employers and employees. Fourthly, refining cancellation procedure rules. All the suggestions' purpose is more effectively and equitably resolving the labor disputes, and protecting the rights and interests of employees and employers.