Research On The System Of Finalization Of Labor Disputes In China

Finality of Arbitral Award system including Commercial Arbitration and Labor Dispute Arbitration. At present, most of countries stipulate Commercial Finality of Arbitral Award system, only small part of countries stipulate labor dispute implements mechanism “Finality of Arbitral Award”. The primary labor dispute system shows various disadvantages in terms of processing labor dispute cases, such as a long and tedious arbitration procedure?low-quality cases process. Therefore, in the case of cases fail to handle in time and abide by the intention of the labor legislation, our country regulates the“Finality of Arbitral Award”system of part labor dispute in “Labor Dispute Mediation and Arbitration ”,including two kinds(penny labor disputes and labor standard disputes), so as to settle the labor dispute effectively and ensure labors' minimum living cost.However, the system still exists unreasonable parts in the actual implementation, which makes it suffer from denounce whatever from theoretical or practical aspects. Our labor dispute Finality of Arbitral Award system is different from foreign countries like British and America. British and America implement “Arbitration or Trial” voluntary arbitration principle, but our country carrys out “the arbitration pretage” principle. In conclusion, this arbitration system exists flaws, having trouble in virtual implementation. We have to improve the conditional first award being the final award so as to realize the mechanism of Finality of Arbitral Award. This article in the form of empirical analyzing to narrate our current serious labor disputes recent situation, the first chapter introduces Finality of Arbitral Award and legislative background, and also draw a conclusion by making a comparison between Commercial Arbitration and Labor Dispute Arbitration Finality of Arbitral Award system. The second chapter analyses the efficiency of Finality of Arbitral Award system, making use of Pear River Delta region cases data as demonstration to narrate this institution implementation effect, such as labor high prosecution, period is getting more tedious, giving rise to fail to reach lawmaker legislative original intention, being incapable of resolving the problem of labor dispute arbitration system. The third chapter analyses the problem of Finality of Arbitral Award system, mainly including penny disputecases amount standard disagrees with current situation, national labor standard fail to identify clearly, and compulsory arbitration violates the principle of voluntariness and different thinking about right of action. The forth chapter is to perfect labor dispute Finality of Arbitral Award system, heighten the penny arbitration amount standard, clear out labor standard and using foreign country setting specialized labor court, and also introduce vary kinds theory to reform our labor dispute judicial organ, analyzing the suitable labor dispute judicial organ pattern so as to perfect our labor dispute processing system from multi-aspects,building a harmonious and stable society.