Study On "One-Arbitration Final Biding" Cancel In Labor Dispute

For a long time,the "one-arbitration two-trials system" is the necessity process in settlement of labor dispute in China.The system means labor dispute should be settled by competent Labor Dispute Arbitration Committee.The dissatisfied party have right to bring a legal action to competent people's court.Any party of the first trial decision could appeal to the competent intermediate people's court.Since the enforcement of "one-arbitration two-trials system",because all the labor disputes,which no matter the features and varieties of it is,used this system,the validity of labor arbitral decisions was affected.In practice,some employers always,based on the strong trend status,abuse the right of action to "drag down" the employee using legal procedure.Thus,the employee's interests cannot be implemented.If the"abuse action" by employer can not be limited,then the inefficiency of settlement of labor dispute will keep unsolved.Under this background,<Labor Dispute Mediation and Arbitration Law of the People's Republic of China>enforced on 1st May 2008,on the premise of keeping the "one-arbitration two-trials system" unchanged,introduced"one-arbitration final binding system" for part of labor dispute settlement.The"one-arbitration final binding system" made different provision for employers and employees,with strong reality pertinence,to restrain the employers'maliciously conduct,to solve massive cases with low amount without tedious full procedure and to increase the efficiency of case settlement.The establishment of this system creatively improved the module of arbitration and trial by change the unitary "one-mediate one-arbitration two-trials system" to binary parallel systems including "one-mediate one-arbitration two-trials system" and "one-mediate and one-arbitration final binding system".The original unitary module was broken solving the part labor dispute with low amount effectively.The rise of "one-arbitration final binding system" is to ensure the active status of employees at the disadvantaged suit position safeguarding the legal rights and interests.But in practice,it is normal that the right of action could not be protected properly.Talking about the cancel of the "one final arbitration award",the first section of this thesis mainly introduced the establishment and development of "one-arbitration final binding system".Through introduction of<Labor Dispute Mediation and Arbitration Law><Interpretation(?)of theSupreme People's Court of Several Issues on the Application of Law in the Trial of Labor Dispute Cases><Rules for Handling Arbitration Cases on Labor and Personnel Disputes>and relative provision of Tianjin City,the thesis analyzed the problems in legislation of "one-arbitration final binding system".The second section described the subsumption analysis on the cases of "one final arbitration award" cancelation from The First intermediate people's court of Tianjin and conclude the situations of final-arbitration-award-cancelation and judicial implements.The third section introduced the problems in final-arbitration-award-cancelation,which including unimproved legal procedure,the unicity of trail pattern,incompatibility between normal trail and final arbitration and irrationality of legal fare.The fourth section gave the suggestions for improvement of "one-arbitration final binding system".The suggestions include formulation of action procedure,indication of reasonable suit deadline and adduce-evidence deadline,improvement of trail pattern and wind-up pattern,setting up complete and rational fare system and adhere judicial supervision and independence of arbitration etc.