Research On The Materialization Of Labor And Personnel Dispute Arbitration Agency

Labor and personnel dispute arbitration is a public service to the society,which mainly provided by the governmental labor and personnel dispute resolution agency in the field of labor and personnel relations.With the rapid development of the national economy and the transformation of the social structure,labor and personnel dispute cases have been increasing year by year.In recent years,the number of cases has been operating at a high level,the structural contradiction under numerous cases with the shortage of personnel condition has been plaguing the dispute resolution agencies.The expansion of government's administrative functions and the absence of tripartite mechanism of labor and personnel dispute arbitration force government's administrative department to materialize agency to respond to social demands and ease social pressure.In practice,materializing labor and personnel dispute arbitration office has achieved outstanding results: the arbitrator team has grown strong,the infrastructure construction has been strengthened and the arbitration effectiveness has been greatly improved,which has effectively enhanced the social influence and credibility of the arbitration agency.The function is the premise of setting up institutions,the institutional reform is the tool and product of the function re-adjustment.Materializing labor and personnel dispute arbitration agency makes the function of handling cases transfer from the arbitration administrative organ to the newly established arbitration office gradually,which solves the problem of function overlap,but there is always a certain gap between what it should be and what it has been,reality and ideal.The solution to the problem becomes the source of new problems in turn,materializing labor and personnel dispute arbitration agency has produced many theoretical and practical problems.Such as materialization lacks top-level design,legal basis is not strong;arbitration office is not really independent;trilateral mechanism of arbitration committee is ineffective,the arbitration office becomes de facto arbitration committee;The function of arbitration administrative organ and arbitration office is out of place,which forms an "atypical dual leadership" system;litigation rules and procedures have been introduced into arbitration in large numbers,the judicialization tendency of arbitration has become increasingly obvious;the arbitrator team has grown stronger but lacks professional evaluation mechanism and promotion channels,and so on.There are many reasons for the above problems,including the ideological deviation of practitioners and the obstacles of arbitration system and mechanism.Firstly,practitioners lack spirit of law and system,the laws and regulations have not been strictly observed;secondly,the achievement assessment system is not perfect and unscientific,the results-oriented doctrine of assessment ignores the source of power;thirdly,the specialized division of labor objectively leads to the sectoralism,it is difficult for departments to coordinate;fourthly,the judicial restrictions on arbitration makes arbitration agency approach judicial organ from concept to action.It is necessary to improve system and mechanism to solve the problems of labor and personnel dispute arbitration agency's materialization,including unifying the labor and personnel dispute arbitration system and defining the characteristic of arbitration committee through legislation;returning administrative function of arbitration to the administrative department;cultivating the system spirit of arbitration agency;establishing a scientific and reasonable performance evaluation mechanism and a rank management system for arbitrators;reforming the labor and personnel dispute arbitration system through materializing arbitration committee,improving judicial supervision,and so on.