Labor Dispute Arbitration And Litigation Convergence System Research

The production of labor dispute cases is closely related to the development of the social economy and the perfection of the legal system.In recent years,it has become one of the main kinds of civil trial cases with its rapid growth.The labor dispute settlement mechanism mainly includes arbitration and litigation,which perform a significant function in solving disputes by taking their own advantages.However,there are many problems due to improper cohesion between arbitration and litigation,such as the disunity of the jurisdiction,the validity of arbitration and the repeated submission of evidence.Therefore,it is urgent to strengthen the effective connection between arbitration and litigation,to improve the efficiency of handling cases of labor dispute settlement mechanism and to reduce the sharp conflict between the parties.The paper,based on clarifying the existing problems in the connection of labor dispute arbitration and litigation,puts forward some suggestions according to the opinions issued by the Ministry of human society,and expects the reasonable and effective connection between arbitration and litigation.The paper is divided into three parts except the introduction.The first part is the summary of labor dispute and its settlement mechanism.Firstly,it is an introduction about the definition and characteristics of labor dispute.Labor dispute is the controversy relevant to labor relations within the scope of labor law,which has high operation,various types of cases and relatively concentrated characteristics.Secondly,it introduces the connection between labor dispute arbitration and litigation and legislative provisions.Finally,it evaluates the first trial mode and evaluates it from two aspects: positive and negative effects.The second part discusses the specific problems of the labor dispute arbitration and litigation connection system and analyzes the causes through enumerating the case method as well as the perspective of procedure and effectiveness.Arbitration commission and court belong to two different judicial institutions.Hence,there is a lack of smooth connection between the jurisdiction of the arbitration and the litigation,the validity of an the validity of the arbitration award and the time of the prosecution due to the differences in understanding and application of the law and the lack of communication between the cases.The third part is about the perfection of labor dispute arbitration and litigation connection.Firstly,we should constantly improve the loopholes between arbitration and litigation and make up for legal vacancies.Secondly,the effective connection between arbitration and litigation needs their normal communication and assistance.At the same time,it is also necessary to establish an independent labor court for some professional trial labor dispute cases.