The Problems And Countermeasures Of China's Labor Arbitration And Litigation Connection In The Operation Of The System

In recent years,with the continuous development of China's market economy,the number of labor dispute cases increased,the current labor dispute handling system Has been criticized by academics.However,for the various problems that have arisen in the process of dealing with labor disputes at this stage,the reason is not caused by the " one trial and two trial" system itself,many of which are due to improper operation in judicial practice.Factor is the labor dispute arbitration system and litigation system convergence poor.Therefore,it is urgent to study the convergence of labor dispute trial system.The convergence of labor dispute arbitration refers to the convergence of labor arbitration system and labor litigation system in the process of labor dispute settlement in china.Through the statistics of China's national arbitration system and the court system of labor dispute cases in recent years,the number of closed cases and the results of the analysis show that China's labor dispute arbitration and trial convergence has the number of cases increased rapidly,make the connection difficult;the prosecution rate is high,the lack of authoritative arbitration;arbitration and trial results are not a serious phenomenon the appeal rate,rising status.However,the reasonable convergence of the arbitration system is a good guarantee for the effective implementation of the arbitration system and the litigation system.Due to the current labor dispute handling legal system integration is not high,and the arbitration institutions lack of independence and authority,the court of arbitration and the lack of necessary communication assistance,the labor dispute arbitration and litigation has been in a state of disconnection.This raises a series of problems in practice.In the procedure of adjudication,the scope of accepting differences,apply to the limitation of defects of arbitration and trial jurisdiction to join,no unified rules of evidence and so on;in terms of effectiveness,the effectiveness of convergence of legal instruments is not smooth and so on.The labor dispute arbitration leads to the legal rights and interests of the parties of the case can't be protected,the arbitration procedure is useless,the judicial resources are wasted.Since there are problems in the operation of the labor dispute arbitration,which is unfavorable to the parties,the arbitration institutions and the judicial organs,it is necessary to make the labor dispute arbitration system of our country reasonable convergence.This not only need to establish the relevant connection procedures,such as the establishment of the scope,limitation,jurisdiction and evidence application and other aspects of the convergence,but also the establishment of Arbitral Awards rules;in addition,also need to assist the mechanism to improve the arbitration mechanism of judicial supervision and construction of arbitration and court trial system,ensure good convergence from the source,And then to achieve its due effect and protect the legitimate rights and interests of the parties the purpose.