Study On The Linlingsystem Of Labor Dispute Arbitration And Litigation

With the proposed to create a good business environment slogan,state and local governments are also actively by giving good policies,to encourage and guide private entrepreneurs around the innovative mode of operation,expand the business channels.But with the speed of economic development and diversification of business model upgrade,highlighting the labor and employment issues between employees and enterprises more and more,all kinds of labor dispute is also increasing,the court accepted the labor dispute cases increased year by year,the scope of the labor dispute cases are also expanding.Labor relations have also been a prominent social and economic problem.Now more and more kinds of the emergence of new labor dispute,and the current taken in after the labor dispute handling mechanism,it is not a good solution and can handle the new situation of labor dispute.With the emergence of more and more problems,forcing us to need to think,now we are dealing with the labor dispute cases of the application and the labor dispute mediation and Arbitration Law and other relevant laws and regulations in practice in the case of using it,what can not by making some laws and regulations,to re build a set of handling labor disputes the mechanism of labor dispute cases,the arbitration and litigation in which mutual coordination and mutual restraint,the two program cohesion in the practical application,if through the internal dispute resolution mechanism is not able to resolve the contradictions of labor dispute,and social related departments also coordinate the invalid,that how to solve the contradiction between the two sides,whether to coordinate the settlement by arbitration,if the arbitration parties if one party refuses to accept the results of the decision,whether It can go through the procedure to relieve the contradiction between the objective,which can efficiently and quickly resolve the dispute,the order of production and life can be maintained in the normal state,it is labor related laws and rules enacted by the fundamental starting point.This paper analyzes the current status of China's adjudicative relationship,and explains the connection between China's arbitration in dealing with labor disputes and litigation of the two procedures is not reasonable,and the convergence of the irrational is a direct result of the contradiction between the two sides is not really eliminated,and the cutting accepts is not uniform in case of the above these may lead to the parties is still missing the relief way.The results of the two procedures of the trial and the trial are inconsistent,but also because the trial is not uniform in terms of law enforcement standards.But we also can not deny the need to consider the rationality of the arbitration and litigation two system exists in the treatment of the labor dispute cases,and from Britain and France in the dispute in the classification mode of individual disputes and collective disputes,and to Germany and the United States in the dispute processing mode to dispute the rights and interests of the classification model,and we bring about our country in dealing with the relationship between the enlightenment,combining theory and practice in the work of this paper,this paper proposes a more should be used to adapt to the current labor dispute case processing mode,namely two modes of arbitration and litigation coexist,specific treatment for "classification processing,separation of arbitration and trial,dispute diversion",with the way a better solution to the current labor dispute arbitration and litigation in terms of cohesion Existing problems.