On The Convergence Of The Labor Dispute Arbitration And Litigation

In recent years, with the increasing of labor dispute cases in our country," One regulating one arbitrating two judging " labor dispute handling model cannot adapt to the need for increasingly complex labor dispute case, urgently need to reform the current’labor dispute handling system, seek new labor dispute arbitration and litigation cohesion model to solve the labor dispute arbitration and litigation of convergence problems, in cases of labor disputes in a timely, effective, equitable and fair solution, to better maintain the legitimate rights and interests of the employee and the employer. The purposes of this article is to explore a suitable way for China’s labor dispute arbitration and proceedings in the pattern of convergence, and put forward their own views and perspectives on improving this model. This article consists of four parts in addition to the preface and conclusion:The first chapter mainly introduces our country and foreign country in the treatment of the labor dispute cases of the labor dispute processing mode in China and the labor dispute arbitration and lawsuit the necessity of cohesion. Through the comparison between China and France, Germany to deal with the labor dispute cases mode and absorb foreign labor dispute arbitration in dealing with when we should learn advanced experience and reference and practices, at the same time, it is pointed out that China’s labor dispute arbitration existence deficiency, to explore the suitable for China’s labor dispute arbitration processing model provides some ideas and methods, and in order to better improve China’s labor dispute arbitration processing system, make it more suitable for China’s national conditions. Whether the specific provisions in the law or in the judicial practice of our country labor dispute arbitration and litigation there is not a lot on?The second chapter is mainly describes the our country labor dispute processing problems in the mechanism, although I have labor dispute processing mechanism in the beginning of reform and opening up for a period of time played an important role, but along with the development of the marketing economy and labor relations of increasingly complex, the current labor dispute processing mechanism for labor dispute already can not adapt to the need, need to change the current wave cut the labor dispute processing mechanism, especially the "arbitration lead" program and implement "three party principle" and solving the Labour dispute arbitration and litigation in the program and the effect in the disjointed, according to the three aspects of the problem, this paper expounds the own point of view, and points out the solving the Labour dispute arbitration and litigation between the importance of the problem, and in the third part analyses the cause?The third chapter introduces the concrete existence in China’s labor dispute arbitration and litigation of convergence problems and the labor dispute arbitration and litigation divorced from the deep-seated reasons. The convergence of China’s labor dispute arbitration and litigation of arbitral awards, evidence, counterclaim, jurisdiction, and efficiency issues, this paper does not point out all the problems of convergence of the labor dispute arbitration and litigation, Just described several major problems in both convergence, analyzed these in-depth and pointed out that future legislation should be designed to the appropriate system to circumvent. Addition, in this chapter, the laborers work-related injuries occurred during work caused by work injury damages and personal damages whether brought at the same time presented my own views.through the analysis of the four processing mode and the doctrine, I think we should be perfect the existing " Supplementary model that workers suffer from work-related injuries or hurt, according to the labor arbitration process has received a work injury damages, if the work injury damages cannot compensate for the actual loss of workers, workers can be to the people’s court for violations institution of the people of damages to compensate for the actual loss of labor; if the Workers through labor arbitration proceedings for work injury damages to make up for the actual loss suffered by, then no longer to the tort claim for personal damages proceedings in order to avoid the workers to get extra benefits for work-related injuries hurt, this inconsistent with the existing judicial philosophy and the values of the masses. Infringer shall bear the liability by the social insurance agencies by way of subrogation to tort recovery; the social insurance funds maintained in a state of relative balance.That is to strengthen the "additional mode". The fourth chapter is mainly in view of the recommendations for the problems in China’s labor dispute arbitration and litigation convergence, first proposed the establishment of a "cut or trial respective finality" model to replace the current " One regulating one arbitrating two judging "labor dispute processing mode, in order to better resolution of labor disputes; Second is to establish a greater diversity of mediation model,by way of mediation to resolve the labor dispute between the parties, furthermore, to strengthen communication and coordination mechanisms to improve the courts and arbitration bodies, the establishment of communication platform of the courts and arbitral bodies to strengthen communication the problems in the judicial practice is conducive to better handle cases of labor disputes; in addition, drawing on some of the practices of other countries, to explore the establishment of labor courts in the current court system through specialized judicial body to deal with cases of labor disputes. On one hand, it can improve the effectiveness of labor dispute cases, on the other hand, professional judicial officers to labor disputes in a fair and just solution to the maximum extent.