The Procedure Of Labor Disputes Arbitration's Preposition

The basic trend of the present civil justice reform is based on a pluralistic dispute settlement mechanism,emphasizing the formalization of mediation and promotion procedures.The labor dispute arbitration procedure conforms to the concept of reform,but in our judicial practice,workers complain about the need to carry out labor arbitration before they can litigate.How to construct a pre-procedure of labor dispute arbitration which not only respecting public opinions but also resolving labor disputes effectively is an important issue in the field of civil litigation.However,our theoretical and practical circles fail to pay enough attention to this project.Therefore,firstly it is necessary to understand a series of problems existing in the theoretical and practical aspects of labor dispute arbitration's preposition in our country,and secondly analyzing the reasons for the formation of these problems and then comparing the relevant legislation and practice of the labor dispute arbitration procedure in the extraterritorial area.Finally,focusing on the improvement of the domestic labor disputes arbitration's preposition.This article is divided into four parts:The first part introduces the historical evolution and current situation of labor arbitration's preposition.From the creation of labor arbitration,the process of interruption to recovery,to understand the context of labor arbitration precedent.According to the legislative provisions of the labor arbitration's preposition and the actual operation of the status quo to familiar with the effectiveness of the labor arbitration's preposition.The second part analyzes the problems and causes of the pre-procedure retention in labor arbitration.At the theoretical level,the labor disputes arbitration's preposition ignores the party's autonomy of purpose,restricts the parties' right of action and arouses the contradiction between the fairness and the benefit of the procedure.In practical terms,the settlement of labor disputes is not complete.At the same time,the arbitration procedure is out of step with the litigation procedure: the different rules of evidence admissibility,the differences in the application of laws and regulations,and the lack of supervision on ruling.The reasons for these problems are as follows: whether the parties can agree on the precondition of labor arbitration is not stipulated,and the limitations of enumerated legislation on labor disputesand the excessive pursuit of the labor laws and regulations on the value of substantive justice.In terms of specific procedures,the rules of labor arbitration are "law suitized",the failure of the tripartite mechanism of the Arbitration Commission and the backwardness of the arbitrators influence the characteristics of labor arbitration itself.The inconsistent evidence rules between labor arbitration and judicial proceedings,the lack of communication mechanism between arbitration institutions and courts,and the rough regulation of the review of arbitral awards by the legislature are the main reasons for their dissociation.The third part is the comparative investigation of extraterritorial labor arbitration procedure.It introduces the labor arbitration procedures of all countries and regions from the aspects of whether it requires the front of mandatory labor arbitration,how the labor arbitration procedure works and whether it is necessary to examine the labor arbitration ruling,so as to provide reference experience for the improvement of labor arbitration procedure in our country.The fourth part puts forward suggestions on the improvement of the pre-procedure of labor disputes arbitration in our country.Based on the analysis of whether the scholars need to keep the pre-process of labor arbitration,it is suggested that the labor-arbitration mandatory pre-trial proceedings should be retained for the cases of final award and the other cases should be "arbitrated or adjudicated,referee convergence " at the same time by enumerating all the laws and regulations to expand the scope of application of labor dispute cases,and the parties autonomy of the parties,procedural justice and effectiveness Trinity values as a guide.To simplify the rules of arbitration procedure,to strengthen the independent construction of the Arbitration Commission,to improve the tripartite mechanism and the overall quality of the arbitrator team so that the labor arbitration can be optimized.To uniform rules of trial evidence,to strengthen the communication between the arbitration institutions and the court,and to improve the court's review of the arbitral awards,the labor arbitration process and litigation procedures reasonable convergence,the value of labor arbitration pre-process can be fully demonstrated.