| Since reform and opening up,harmony,democracy and the rule of law have always been the top priorities of our country’s social development.Constructing a harmonious society and implementing democracy and the rule of law are the only way for China’s social development.Whether it can "close to litigation" is an important criterion for judging democracy and the rule of law in today’s world.In a labor dispute,it is very necessary for the parties to obtain fair judicial remedies to protect human rights.As the economy continues to advance,the types of labor dispute cases also appear diversified.The "one-tone,one-discussion,second-instance,second-instance,and final-trial" processing model has always had problems of arbitration and trial discontinuity,which have continued to deepen,which has brought about the operation of the labor dispute handling model.Obstacles;and the academic community also urgently needs to explore the best solution to optimize the operation of the existing labor dispute resolution model.Combining the advanced experience at home and abroad and the current national realities,reflecting,optimizing,and clarifying the operation mode suitable for the handling of labor disputes in China,it can better optimize the allocation of judicial resources,and can handle labor disputes more quickly and with quality and quantity,buffering disputes.Contradictions and conflicts between the parties.Constructing a scientific labor dispute handling model can help protect and realize labor litigation litigation rights,maintain social stability,and promote the harmonious development of socialist labor relations.This article starts with the current basis,applicable rules,and historical evolution of China’s labor dispute handling model.Aiming at how to run the labor dispute handling model better,analyze the mediation,arbitration,litigation,and supervision in the model,and study the characteristics of the current four of China’s operations,and then clarify the problems in the operation of the current labor dispute model in China.Then we will start to analyze the advanced and successful experience abroad,combine with the actual situation in China,compare the current model,and explore the feasible and feasible way of the labor dispute handling model in China.Based on a large amount of data review;comparative analysis,and feasibility studies,specific measures to improve the operation of the model were obtained.Pay attention to the status of the mediation system in the operation mode,and use it as a pre-replacement procedure for arbitration,which can resolve some labor disputes outside the court;the arbitration system is loyal to the rapid,efficient and fair resolution of labor disputes,and one of the final conclusions is even more so To clarify the scope of the final ruling,the operation of the model can be improved;the independence of the labor court from the ordinary civil court can make the trial results more professional;standardize the use of labor inspection powers to avoid labor disputes from the source. |
