Research On The Convergence Of Labor Dispute Arbitration And Litigation

In recent years,the rapid development of China's market economy has been accompanied by the rising number of labor dispute cases,and the labor dispute settlement system in China has been widely concerned by the academic circles.However,we can find many problems during the process of handling labor dispute through the analysis of some typical cases.As a result,the reason is not "too limitations" system itself but since there are many improper operation in the judicial practice,which is one of the most important influence factors on the system of labor arbitration and lawsuit system existence cohesion.Therefore,it is urgent to perfect the connection of labor dispute adjudication system.To labor personnel disputes arbitration court in the nanchang,the people's court in 2017 labor dispute cases cutting conditions for data gathering,and then analyze the data,find the current our country labor arbitration and lawsuit cohesion between various deficiencies.In order to confirm judge,and to our country in recent years,the national arbitration system and the court system of labor dispute cases cognizance,case number,and the results were statistically analyzed by the referee again prove the existence of our country labor dispute arbitration and litigation cohesion paper analyzes problems.Because of the important guarantee for the effectiveness of the labor dispute settlement mechanism,it is necessary to attach importance to the existing problems between labor dispute arbitration and litigation cohesion.Because at present our country labor dispute processing law system integration degree is low,the low degree of labor arbitration institution independence and authority,and the lack of effective communication between arbitration and court collaboration,lead to cut on scope of accepting cases is different,suitable aging defects,cutting trial jurisdiction to cohesion,lack of unified rules applicable evidence of long-term,effective legal document cohesion.In order to solve the problem set before us,must be established in the basic principles of labor dispute arbitration and litigation cohesion,to explore a set of suitable for China's reality needs "case classification,the controversial shunt" multiple dispute resolution model,including the construction of case classification,to establish three parties involved in mediation mechanism,reform of the labor dispute arbitration system,etc.At the same time,it establishes the relevant guarantee system of labor dispute arbitration and litigation connection,which makes the connection of labor dispute in our country smooth.