Thinking About The Mode Of Labor Dispute Review In China

Labor disputes are disputes between workers and employers.Whether the labor disputes can be properly dealt with timely,would affect not only the interests of both parties but also the stability of the whole society.At present,China's labor disputes settlement mode of "an arbitration before the two times court trials" is formed gradually in the long-term practice in dealing with labor disputes.In a certain historical period,this model can meet the requirements of the handling of labor disputes and have solved a lot of the labor disputes,playing an important role in easing conflicts between employees and employers and maintaining social stability and providing China's social and economic development with favorable conditions.However the labor relations have undergone tremendous changes with the development of market economy.The current labor disputes settlement mode of arbitration and court trials can not meet practical needs of labor disputes settlement,and have exposed a lot of problems in the cause of implementation.Finding out the defects and deficiencies in current labor disputes settlement mode of arbitration and court trials and analyzing the causes would help improve the labor disputes settlement mode specifically,solve labor disputes timely and maintain the legal rights and interests of the workers.There are many problems arising in China's labor disputes settlement mode mainly because attribution and litigation do not fully play the role in the labor disputes settlement and they lack effective interaction.Among the problems,the most prominent is the ineffective engagement of attribution and litigation in labor disputes settlement,therefore,the key point of the reform is to rationalize the relationship between arbitration and litigation to make them interact with each other effectively,which requires the reform of present labor disputes settlement mode.In order to determine the labor disputes settlement mode of China,on the one hand we should summarize the problems and the causes based on the real situation of the labor disputes settlement;on the other hand,we also need to learn from the experience of Western countries in this field because these countries have studied for a long time the labor disputes settlement system,and carried out relatively perfect laws and policies.It has a great significance to study the labor disputes settlement mode of these countries and learn from them for the improvement of China's labor disputes settlement system.This paper analyzes the main problems of China's labor disputes settlement mode based on the current situation of the relationship between attribution and litigation in China's labor disputes settlement system,introduces the different labor disputes settlement systems of major Western countries,summarizes their experiences which would be conducive to establish China's labor disputes settlement mode.This paper puts forward the suggestions for the establishment of China's labor disputes settlement mode,that is the settlement mode of “separation of attribution and litigation”,by the analyzing the advantage and disadvantages of the reform policies of China's labor disputes settlement mode proposed by own domestic scholars.In addition,the well-functioning of labor disputes settlement mode is also inseparable from the cooperation of all sectors in the labor disputes settlement.In order to make the settlement mode of "separation of attribution and litigation" better exert its overall effect,the reform of China's labor arbitration system and judicial mechanism is needed.The reform of labor arbitration system could be conducted from the perspectives of enhancement its independence,entitlement to the force of law,improvement of the arbitration authority and others;the reform of litigation can start from the reform of judicial institutions and trial proceedings.