Research On The Convergence Of Labor Dispute Arbitration And Litigation

With the rapid development of China’s economy and the improvement of laborers’ rights awareness,the number of labor disputes are increasing.According to China’s laws and regulations,Before a labor dispute dispute enters the litigation field,it must first be arbitrated by a labor dispute arbitration institution.The so-called "arbitration front ","one arbitration and two-tier trial" mode.However,in the judicial practice,because the positioning of the arbitration institution is not clear,the integration of the current labor dispute handling legal system is not high,and the lack of communication and coordination between the arbitration institution and the court,the labor dispute arbitration institution and the court have a lot of connections.The problem has led to more and more choices of labor dispute parties to defend their legitimate rights and interests in the way of prosecution,so that labor dispute arbitration does not play a role in resolving labor disputes and diversion cases.This paper attempts to analyze the labor dispute handling mechanism in China,and analyzes the practical problems existing in the connection between labor dispute arbitration and litigation procedures,and provides suggestions for improving the feasibility of China’s decision-making mechanism.This paper is divided into three parts:introduction,body and conclusion.Among them,the text is divided into four chapters to discuss.In order to make the following discourses have the background of discourse and the basis of discussion,the first part of the text elaborates the characteristics of labor relations,and derives the characteristics of labor disputes from the characteristics of labor relations,and then reflects the labor dispute resolution mechanism from the characteristics of labor disputes.Features.The paper also carefully analyzed the relationship between labor dispute resolution mechanisms,the status and relationship of arbitration and litigation in the labor dispute resolution mechanism.Subsequently,in the second part,the text comprehensively describes the existing problems of the labor dispute review mechanism.From the practice,we can find that the problem of poor connection of trials in China runs through the acceptance,trial,execution,and final decision.At the stage,through data,charts and case studies,the results of the high rate of prosecution of labor dispute cases caused by poor connection of trials and the high proportion of inconsistent trials are revealed.Therefore,in the third part,the text analyzes the causes of the problem of the connection of the trial from the perspective of the nature of the arbitration institution,the status of the legislation,and the coordination and communication between the arbitration institution and the court.Finally,the fourth part of the main text,based on the combination of China’s national conditions and the status of legislation,proposes to unify the scope of the case and the applicable rules of evidence,standardize the procedures for the trial of the trial,and improve the mechanism for the work of the trial.Improve specific proposals such as labor dispute arbitration and trial system.