Research On The Cohesion Mechanism Of Labor And Personnel Dispute Arbitration And Litigation

Labor and personnel dispute is an inevitable phenomenon of market economy society.Due to the different pursuit of interests by employers and workers,institutions and their staff,labor and personnel relations under market economy will inevitably produce disputes in the process of operation.Only by establishing harmonious and stable labor and personnel relations can the market economy society develop steadily.In the process of building a harmonious society in China,the labor and personnel dispute handling system which sets dispute resolution in the labor and personnel relations governance has a high degree of conformity with the harmonious society.In order to promote the effective connection and coordination of arbitration and litigation in the handling of labor and personnel disputes,the labor and personnel dispute handling mode of “one mediation,one arbitration,two trials,and the arbitration pretages” is the proper meaning of establishing a multi-disciplinary solution,perfecting the labor and personnel dispute handling system under the background of market economy development,and is also an important condition for building a harmonious labor relationship.The article follows the formal logic from the presentation and analysis of the problem to the solution of the problem,rethinking the problems existing in the labor and personnel dispute mechanism of labor and personnel disputes in China,and combining the labor relations handling and the reality of labor dispute resolution in China to improve the system of the disputed cohesion mechanism.The introduction part explains the research background and value,research status,research methods,research innovation and deficiencies of China’s labor and personnel dispute arbitration and litigation cohesion mechanism,and lays a foundation for the discussion of the text.The body part is divided into four parts for analysis and discussion,as follows:The first part briefly expounds the basic concepts and basic systems of labor and personnel dispute arbitration and litigation cohesion mechanism,clarifies the status of labor and personnel dispute arbitration and litigation cohesion mechanism in the whole labor and personnel dispute resolution system,and the necessity of establishing labor and personnel dispute arbitration and litigation cohesion mechanism.The second part focuses on the normative basis of the labor dispute arbitration and litigation cohesion mechanism in China.Through systematically sorting out relevant laws and regulations,judicial interpretations,departmental regulations and local normative documents on labor and personnel dispute arbitration and litigation cohesion mechanism,it lays the foundation for the following elaboration and demonstration of the shortage and perfection of labor and personnel dispute arbitration and litigation cohesion mechanism.On the basis of the second part,the third part rethinking the problems existing in China’s labor and personnel dispute arbitration and litigation cohesion mechanism and reasons analysis based on jurisprudence theory and judicial practice.The problems of the labor and personnel dispute arbitration and litigation cohesion mechanism mainly include insufficient theoretical values,mainly because the normative basis of the connection between arbitration and litigation is different,and its value concept is not suitable for social development;and there are operational defects at the institutional level,including the differences in the scope of litigation after arbitration,the adoption of arbitration evidence is formal,the time limit of arbitration is contradictory to the time limit of litigation,and the judicial supervision of arbitration is limited.The main reason for the above problems lies in the low integration of the labor and personnel dispute legal system,that is,the current specialization and higher level of the litigation connection legislation is lacking,and the relevant regulations are scattered and messy,and the design of the cohesion mechanism is inherently inadequate,it does not take into account the reality of China’s legislation,the administrative tendency of arbitration institutions,and the handling of disputes in the face of "mainstreaming litigation",and also there is a lack of communication mechanism between the arbitration and litigation,and it is unable to effectively connect when there is insufficient legal basis and lack of practical experience.It lays the foundation for the idea of perfecting the labor and personnel dispute arbitration and litigation cohesion mechanism.The fourth part will focus on the improvement of the labor and personnel dispute arbitration and litigation cohesion mechanism.On the basis of the system of “one mediation,one arbitration,two trials,and the arbitration pretages”,the mechanism for the settlement of disputes is improved from both theoretical and institutional levels.On the theoretical level,re-tree is guided by dialogue and cooperation,timely resolves the value concept of disputes,and reaffirms the logic of arbitration as the main solution and litigation as the ultimate relief path.At the institutional level,limit the scope of trials after arbitration,constructs a mechanism for restoring the effectiveness of arbitral awards,constructs a reasonable evidence-acceptance system in litigation,fully respects the evidence that has been identified in the arbitration stage,and promotes the application of litigation for the trial of litigation cases.Also take the statute of limitations as a special time limit,establish and improvement of the judicial supervision mechanism for arbitration,promote the courts of role transformation,and strengthen the court’s respect for the arbitral awards,fully exerting of its supervisory role.