Research On Labor Dispute Judicial Mechanism

Labor disputes are disputes between laborers and employers that have labor rights and labor obligations.Regarding the handling of labor disputes,labor arbitration and labor dispute litigation are widely used by various countries in the world to resolve labor disputes.Since arbitration and litigation have their own advantages in dispute resolution,the relationship between arbitration and litigation is also the most important issue for all countries to consider when setting up a labor dispute resolution mechanism.Because different countries have different legal traditions and different characteristics of industrial development,the provisions on the system of the trial and its relations are different,thus forming a variety of modes of trial and approval.Our country adopts a labor dispute handling mechanism of “one trial,two trials,and one post-appointment trial”,which has a distinctly structured and guaranteed legislative value in the system design.However,such a dispute resolution mechanism has failed to realize the design in practice.The expected effect.The dispute handling mechanism of "one trial,two trials,and one trial after another" has played its due role in the judicial practice,but it has also exposed more and more defects and problems inherent in the mechanism,and it is difficult to meet the needs.The practical needs of resolving disputes are difficult to adapt to the rapid development of society.How to establish the relationship between labor arbitration and labor dispute litigation,give full play to their respective strengths and avoid shortcomings,so that the labor dispute arbitration mechanism can better safeguard the legitimate rights and interests of both parties to labor and capital,reflect fairness and justice,and maintain social harmony and stability.Has become the key to reforming the labor dispute handling mechanism.Therefore,it is imperative to establish a set of relatively scientific,reasonable,fair and perfect labor dispute resolution mechanisms based on the national conditions of our country,study the existing problems of the current labor disputes review mechanism,reform and innovate the current labor disputes review mechanism.The starting point is the concept of labor disputes and labor disputes review mechanism,and the purpose of setting up the mechanism of “one trial,two trials,and prior trials” forlegislators,summing up and summing up the existence of labor disputes review mechanism in operation in China.Problems,study,analyze and draw lessons from the operating models and advanced experiences of the Anglo-American and civil law countries,and try to put forward feasible suggestions for improving China's labor disputes review mechanism,with a view to helping the improvement of China's labor dispute arbitration mechanism beneficial.