Deficiencies And Improvements Of Labor Dispute Arbitration System In China

In recent years,with the profound changes in China's social and economic formation,labor relations and labor disputes are becoming more and more diversified and complicated.The current labor dispute arbitration system is mainly based on the Labor Dispute Mediation Arbitration Law implemented in 2008.The relevant system design and provisions can not fully adapt to the current social and economic reality in practice,and it is difficult to effectively achieve efficient and fast.Legislative intention of handling labor disputes.In view of the shortcomings highlighted in the current practice,it is necessary to reform and improve the labor arbitration system in accordance with the current laws,regulations and characteristics of the social and economic system in China,and to build a labor dispute arbitration system suitable for the current social and economic development and the construction of the legal system.Firstly,this paper makes a comprehensive analysis of the current situation of China's labor arbitration system.At present,China's labor dispute settlement mechanism is composed of labor dispute mediation,labor security supervision,labor dispute arbitration and judicial proceedings.Relevant laws and regulations,judicial interpretations,rules and normative documents from the legal origin of labor dispute arbitration procedure.The composition,scope of acceptance and jurisdiction of China's labor arbitration procedure,the limitation of arbitration and specific procedures are also included.Based on the background of the development of China's labor dispute arbitration system,China's labor arbitration procedure embodies the basic characteristics of compulsory arbitration,first instance,and second instance,limited final award,quasi-administrative and quasi-judicial.Secondly,combined with the actual case analysis,the current labor dispute arbitration system in China highlights the shortcomings in practice.It is mainly reflected in the fact that China's labor dispute arbitration system conflicts with the arbitration voluntary,independent basic principles and the basic system of a final decision.There is an irrational review system,lack of property preservation system,short arbitration time,and narrow scope of the case.Lack of effective supervision and other deficiencies,due to the cross-dislocation of the first-instance,labor arbitration and labor security supervision functions,poor connection of the trial,and the imperfect social security system,etc.,restrict the effective performance of the labor arbitration procedure.Third,learn from and learn from some countries and regions of labor dispute resolution mechanisms.According to their historical and cultural traditions and judicial system,countries have established corresponding labor dispute handling systems,and each has its own characteristics and different labor dispute resolution mechanisms.It reflects different ways of applying different types of disputes and focuses on solving labor disputes through non-litigation channels.The basic characteristics of disputes should be referenced and borrowed from the outside world to pay attention to the construction of labor legal system,to effectively play the role of trade union organization;labor arbitration generally follows the principle of voluntary and independent arbitration,and attaches importance to the establishment of labor dispute arbitration authority.Fourthly,it puts forward some suggestions on improving the arbitration system of labor disputes in China.One is to return to the basic principles and systems of arbitration and improve the construction of labor arbitration institutions;the other is to reform and improve the relevant provisions of labor dispute arbitration procedures;the third is to further rationalize the cohesion and coordination between labor dispute resolution mechanisms and improve the efficiency of labor dispute arbitration;the fourth is to strengthen the construction of labor and social security system and legal system and effectively resolve labor disputes.