On The Improve Of The Final System Of Labor Dispute Adjudication

The labor dispute arbitration solution has been in existence for a long time and has been adopted by various countries.The "Labor Dispute Mediation and Arbitration Law of the People's Republic of China"(hereinafter referred to as the "Labor Dispute Mediation and Arbitration Law",which was implemented in China in 2008,proposes that some cases apply to the "one ruling" system of labor disputes.This is the first initiative in China to resolve labor disputes.system.Such a method of directly making a final ruling by the labor dispute arbitration committee has the final legal effect with the court ruling.The original intention of the system design is to exchange the inequality of the procedure for the substantive fairness of labor dispute resolution,maximize the protection of the legitimate rights and interests of laborers,and reduce the labor rights protection costs of laborers.However,the implementation of the "one ruling" system of labor disputes has sparked academic debates.Although it has been implemented in China for nearly 10 years,there are still doubts about the legitimacy and effectiveness of the system.To this end,the development of the "one final decision" system of labor disputes has important research value and practical significance.The paper is divided into five chapters:Chapter 1: Introduction.It mainly expounds the research background,the purpose and significance of the research,the research history and development status of the subject,and the main contents of the thesis.Chapter 2: The basic theory of the "one final decision" system of labor disputes.This part defines the "one final ruling" of labor disputes,sums up its characteristics from the applicable cases,applicable subjects,and starting methods,and sorts out the relationship between the "one ruling" of labor disputes and the final decision of civil and commercial affairs,especially from the applicable subject.The scope of the case,the way of starting the case,the legal effect,the autonomy and the desirability,and the effectiveness of the adjudication are different.Finally,from the two aspects of the game with low performance of employers and the complicated contradiction of labor disputes,it is necessary to divert the simple case to discuss the necessity of the existence of the "one final decision" system of labor disputes,and strive to lay a theoretical foundation for the subsequent research of the thesis.Chapter 3: Analysis of the status quo of the "one final ruling" system of labor disputes in China.This part firstly sorts out the status quo of legislation,and comprehensively interprets and analyzes the laws and regulations that focus on regulating labor disputes,especially the Labor Law,Labor Contract Law,Labor Dispute Mediation and Arbitration Law,and Labor.The provisions in the Judicial Interpretation of Disputes(3),the Judicial Interpretation of Labor Disputes(4),and the Rules for Handling Cases of Labor and Personnel Disputes were analyzed;secondly,the scope of application was too narrow,and the labor dispute arbitration institutions lacked authority and employers.There are problems in analyzing the four aspects of the unequal rights of laborers and the imperfect supervision mechanism.Chapter 4: Investigation and Enlightenment of Foreign Labor Dispute Arbitration System.This part mainly examines the labor dispute arbitration system in the United States and France,and supplements it from voluntary arbitration and compulsory arbitration;classifies labor disputes and adopts different ways of handling;respects the effectiveness of arbitral awards and other aspects.Chapter 5: The perfection of the "one final ruling" system of labor disputes in China.This part mainly expands the scope of application;enhances the authority of labor arbitration institutions;grants equal appeal rights to laborers and employers;establishes a system of "or ruling or trial,their respective finals";perfects the supervision mechanism of the arbitration system and proposes improvement measures.