Research On The Relationship Between Labor Dispute Adjudication And Adjudication

China implements the labor dispute settlement mode of "arbitration before arbitration,one arbitration and two trials".According to the relevant data analysis of the China Statistical Yearbook published by the National Bureau of statistics,the number of labor dispute cases in China remains high,the causes of labor disputes show a diversified trend,the effect of labor arbitration in digesting labor disputes is poor,the prosecution rate is high,and the winning rate of workers is much higher than that of employers,The phenomenon that workers are still in a weak position.In March 2020,the Supreme People’s court and the all China Federation of trade unions jointly issued the "opinions on the pilot work of diversified resolution of labor disputes in some areas",which also reflected the increase of labor dispute cases and the tension between labor and capital.Various situations put forward higher requirements for China’s labor arbitration institutions and court system.The main function of labor arbitration institution is to solve labor disputes,but its administrative color is strong,and it can not be compared with the court in terms of authority.In terms of the connection between labor arbitration and litigation,the two are only a simple superposition between institutions,and there is no good integration and communication of resources and functions.The cases after labor arbitration are re tried by judges in the litigation stage,and the case facts and cross examined evidence identified in the arbitration stage need to be re identified;The scope of cases accepted by the court is smaller than that of labor arbitration,resulting in various problems such as the lack of judicial protection for some cases,which makes labor arbitration and litigation almost disconnected.When a system has many disadvantages in the operation of practice and cannot achieve the purpose it wanted to achieve at the beginning of design,it is necessary to make timely adjustment and innovation according to its existing problems and new situations and changes in real life.Compared with employers,workers are always passive.Workers are hungry and empty handed looking for jobs.Employers manage workers and determine their salary.Therefore,this paper proposes to give workers the priority between the two.Once selected,the employer must obey.At the same time,improve the independence and supervision of labor arbitration institutions,make labor arbitration as effective as litigation,increase the selectivity of labor arbitration,so as to protect the legitimate rights and interests of the parties in a timely and efficient manner,give full play to the advantages of "quick arbitration" of labor arbitration institutions,and alleviate the pressure of the court to accept cases at the same time.