Research On The Connection Between Labor Dispute Arbitration And Litigation Procedure In China

With the further development of social economy and the continuous improvement of workers ’awareness of rights protection,China’s labor relations are becoming more and more complex,labor disputes are increasing,labor disputes have also entered a period of frequent.China’s current ’one-off two-trial,pre-arbitration’ dispute handling mechanism,for the relaxation of labor contradictions,diversion of court cases and other aspects played an irreplaceable positive role.At the same time,it is undeniable that there are some problems in the current labor dispute handling mechanism in China,which makes the mechanism not give full play to its maximum role,and the poor connection between labor dispute arbitration and litigation procedure is one of the important reasons for many problems.To realize the benign connection between the adjudication procedure is the basic guarantee to give full play to the advantages of the two,and it is also the key to deal with labor disputes efficiently and with high quality.Therefore,it is of great practical significance for the efficient settlement of labor disputes to improve the bridging mechanism of the examination procedure and to smooth the connection between the two.Through the statistical analysis of the number of arbitration institutions at all levels and the number of evaluators in labor disputes in the people’s Courts in China in recent years,it is found that the connection of labor disputes in China is growing rapidly,the prosecution rate is rising and rising,the applicable laws of the bridging are inconsistent,the local legislation is inconsistent,and the results of the review are inconsistent.The lack of authority of arbitration and other current situation has seriously affected the effectiveness of the examination mechanism and reduced the efficiency of labor dispute handling.At present,there are some problems in the connection between labor dispute arbitration and litigation procedure in China,such as the lack of uniformity of the scope of the case and the defects in the application of the statute of limitations,as well as the main problems such as the conflict of jurisdiction,the difficulty of connecting the claims and the lack of uniform application of the rules of evidence.In view of the poor connection between arbitration and litigation in the scope of the case,the social insurance dispute is analyzed in detail,and the problem of defects in the application of the statute of limitations is mainly analyzed from the aspects of the limitation of the application of the Limitation of arbitration and the limitation of the statute of limitations in terms of the time limit,the way of examination Secondly,this paper probes into the problems of the connection between labor dispute arbitration and litigation in the geographical jurisdiction,the lack of level jurisdiction norms and the frequent disputes of current jurisdictional objections,so as to clarify the interface between the current labor dispute arbitration and litigation in the jurisdiction.Thirdly,this paper probes into the connection between arbitration and litigation in the case of inconsistency between the increase of appeal,the reduction of the request and the change of appeal.Finally,the connection of the rules of evidence is not smooth,from the burden of proof responsibility,the duration of evidence liability and the existing existence of duplicate evidence of the problem of analysis.Through a detailed analysis of the above problems,and based on the principle of concrete analysis of specific issues,combined with the reality of our country,we have made targeted and feasible suggestions on how to unify the scope of the case,the rules for the use of evidence and improve the limitation of passage,the connection of jurisdiction,and the inconsistency of the application,etc.In this way,we establish a benign connection between labor dispute arbitration and litigation procedures in China,and realize the complementary advantages between the two.To clarify the significance of the ’arbitration preposition’,system to the current practice of dealing with disputes in China,on the basis of adhering to the constant’arbitration pre-application’ system,through perfecting the connection of the examination procedure,give full play to the different advantages of economic efficiency of labor arbitration procedure and strict authority of litigation procedure,and improve the efficiency and quality of dispute handling.To better protect the legitimate rights and interests of the parties and maintain harmonious and stable labor relations.