Study On Perfection Of Limitation System Of Labor Dispute Arbitration In China

In today’s era,with the rapid operation of economic activities,the labor relationship between employers and workers has become very complicated,and the number of labor dispute cases is increasing.China implements the pre-arbitration procedure for labor dispute cases and adopts the system of "one trial and two trials".The prescription system of labor dispute arbitration,as a prescription system adapted to the labor arbitration procedure,plays an important role in protecting the benefit of labor prescription and promoting the settlement of labor disputes.However,it is a pity that the relevant legislation of prescription of labor dispute arbitration only provides the starting point,period,interruption or suspension of the prescription in general,and does not make detailed provisions conducive to the protection of workers’ rights and interests according to the characteristics of labor disputes.In addition,labor dispute arbitration prescription is not only applicable to the arbitration stage,but also involves the application of the prescription in the litigation stage.However,due to the lack of current legislative provisions,how to link labor dispute arbitration prescription with civil prescription in practice has become a key problem that perplexes judicial organs.Therefore,it is of great significance to study the legal problems of labor dispute arbitration prescription for perfecting relevant legislation and solving judicial problems.Starting from typical cases of prescription of labor dispute arbitration,this paper finds the problems of prescription of labor dispute arbitration system in practice by sorting out the focus of disputes and analyzing the thinking of case judgment,and then carries out theoretical analysis on the problems found,and analyzes and sorts out different viewpoints and theories.Finally,it discusses the necessity of perfecting the legal system of labor dispute arbitration prescription from the legislative mechanism and judicial practice,and puts forward corresponding legislative and judicial suggestions based on the current situation of labor dispute arbitration prescription system in China.This paper is divided into the following four parts:The first part is the introduction.This part firstly clarifies the background and significance of choosing to study the prescription system of labor dispute arbitration,then sorts out and summarizes the existing research results of the prescription system of labor dispute arbitration to clarify the current research status in China,and finally puts forward the research ideas and methods for this paper.The second part is the legislative status analysis and the main issues.On the one hand,this part points out the deficiencies in the legislation by sorting out the provisions of prescription of labor dispute arbitration in the current legislation.On the other hand,four typical cases in practice are selected as the introduction to draw out the focus of disputes in the current judicial practice,and briefly comment on the judges’ thinking reflected behind the case,and then point out the dilemma faced by the current prescription system of labor dispute arbitration in the application.The third part is the analysis of the main problems.In this part,the author carries on the theoretical analysis to the following four main problems.First,in the confirmation of labor relations in the labor dispute arbitration prescription system applicable issues.Second,the labor dispute arbitration prescription interruption,suspension of the existing problems.Thirdly,the application of limitation of labor dispute arbitration in the "double wage" dispute.Fourthly,the problems existing in the effective connection between labor dispute arbitration prescription and civil action prescription.The fourth part puts forward some suggestions for improving the system.On the basis of summarizing the existing problems of labor dispute arbitration prescription system,this paper puts forward some reasonable suggestions for perfecting the system from the perspectives of legislative standardization and judicial feasibility.First,it is suggested to confirm that labor relations are not applicable to labor dispute arbitration limitation system.Second,it is suggested to perfect and refine the provisions on the interruption and suspension of the limitation of labor dispute arbitration.Thirdly,it is suggested to clarify the starting point of limitation of labor dispute arbitration in "double wage" dispute.Fourthly,it is suggested that the effectiveness of prescription of labor dispute arbitration only applies to the stage of labor arbitration.