On Defects Of Integration Of Labor Disputes Arbitration And Litigation In China And The Approach To That

As a way of settlement of labor disputes, the labor dispute arbitration and litigation has great impact on the effect of labor rights protection. It is a common law in China that the labor dispute arbitration precedes over litigation except for special cases.Because of arbitration agency’s dependence and Trade Union’s disability to protect labors’rights, seldom is arbitration under effective supervision. Besides, arbitration is of flexibility in contrast to litigation, the result cannot always survive from doubts. But for some special cases, people’s court ruling for labor disputes litigation calls for a requirement that the arbitration be exerted while arbitration weights not too much by the court. Adding to that courts’supervision has no other choices than rejection which means they perform practically no function, the rules of arbitration and litigation go different ways which induces confusion leading to delay of settlements. As a result, the efficacy of arbitration never acts as the role it should be while brings inadequate justice to the results.Through logic deduction, this dissertation tries to demonstrate whenever labor disputes arbitration and litigation coexist, the conflict of justice and efficiency will always coexist. Neither sufficient condition nor necessary condition are labor disputes arbitration to litigation, they should be mutual independence.