Research On The Link Between Labor Dispute Arbitration And Litigation In China

Over the years,China's economy is booming,people's legal awareness is gradually increasing,the contradiction of labor relations has entered the highlight period and multiple periods,the number of labor dispute cases increased accordingly.Labor dispute cases not only increase in number,but also become more complicated to handle.This is the problem that our country deals with labor dispute at present.In order to adapt to the development situation of China's market economy,protecting the legitimate rights and interests of workers and employers,build stable and harmonious labor relations,China has promulgated a series of labor laws and regulations,For example,<Labour Contract Law of the People's Republic of China>,<Law of the People's Republic of China on arbitration and mediation of labor disputes>,gradually formed a diversified labor dispute handling mechanism of consultation,mediation,labor arbitration and litigation.In China,labor disputes cannot be directly litigated,after a labor dispute,one party must first submit the labor dispute to the labor dispute arbitration institution for handling,if the arbitration organization decides not to accept,no acceptance decision made after the deadline,no arbitration award made after the deadline,or one of the parties is not satisfied with the arbitration award made by the arbitration institution,then can bring a lawsuit to the people's court.That is,the so-called"adjudication before trial".In addition,negotiation and mediation are not the only procedures for handling labor disputes in China,and the arbitration award made by the labor arbitration organization in some labor dispute cases shall be final.Therefore,China's labor dispute handling system can be summarized as "arbitration before","One arbitration and two trials" and "part of cases one arbitration final".It is precisely because of China's implementation of this labor dispute settlement system with Chinese characteristics,so the good connection between labor dispute arbitration and civil litigation is particularly important.This paper takes "the connection of labor dispute arbitration and litigation in China" as the research topic,divide the article into five partsThe first part:Mainly from the research purposes and significance of foreign labor disputes and the main model of China's current Labor disputes processing model in these aspectsThe second part:Two typical cases of poor connection of adjudication are cited,to tell the difference between labor arbitration and court action in acceptance scope and application of laws and regulations.The third part:The necessity of the connection between labor dispute arbitration and litigation is expounded.First of all,it expounds the current situation of the connection between labor arbitration and litigation in China;secondly,it expounds the significance of the effective connection between labor arbitration and litigation:on the one hand,It is beneficial to relieve judicial pressure and maintain the authority of labor arbitration;on the other hand,it is conducive to timely safeguarding the legitimate rights and interests of the parties.The fourth part:Expounds the problems existing in the connection between labor arbitration and court proceedings.First,the scope of labor dispute arbitration and civil litigation is inconsistent,it may lead to the pre effect of arbitration can not really play,and some labor disputes fall into the situation of no recourse.Secondly,the different understanding and application of law between the arbitration institution and the people's court,directly leading to the inconsistency of the results of the adjudication,put labor arbitration in an awkward position.Then the.final rate of another round is low,it is common for labor disputes to be arbitrated and sued to the court,labor arbitration lacks authority.The last there is a lack of effective working mechanism between labor arbitration institutions and people's courts.The fifth part:We will innovate the working mechanism that links labor arbitration with litigation in China.First of all,from the perspective of substantive law,gradually unify the scope of acceptance of cases and the criteria for the application of law,expand the scope of final decision,increase the final adjudication rate.Secondly,in terms of procedure,standardizing the procedures of case acceptance,property preservation and enforcement of arbitration award,strengthen the connection between the adjudication and trial.Finally,improve the working mechanism of the connection between the adjudication and the trial.We will hold joint meeting to discuss difficult and important cases,a hearing system for each other in adjudication and information sharing system,conduct joint business training to improve the quality of labor dispute cases and promote the harmony and stability of labor and personnel relations.