Research On Legal Issues In Connection Of The Labor Arbitration And Litigation

Today Chinese labor dispute solving system is "arbitration firstly, trial secondly". The labor arbitration is the preceding procedure of labor dispute lawsuit. Without arbitration, people cannot make litigation to court directly. Under this Chinese characteristics system, the tension relationship between arbitration and litigation has been more and more prominent. Even some courts changed nearly 76% of institution’s arbitration. There must be some cohesion problems between labor arbitration and civil suit. This paper is divided into four parts:Ihe first part, the author mainly introduces the important theory of labor arbitration and litigation. In this part, the author firstly analyzes the characteristics of the labor arbitration system and the labor dispute litigation. As both of them are independent and has specific advantages, convergence becomes important. Then it analyzes the effectiveness of the labor arbitration and litigation procedure and raises the confused issues of convergence between them.The second part is the regulation and evaluation of the connection of labor arbitration and litigation in foreign countries. In this part, the author introduces the current situation of the convergence in Germany, the United States and France, and expounds the evaluation of labor arbitration and litigation connection.In the third part, this paper analyzes the current legal situation and its defects of China’s labor arbitration and litigation convergence. First it introduces the legislation of labor dispute and convergence. Then the defects of current labor dispute arbitration and litigation convergence are analyzed, which aimed to form a corresponding relationship with the next part.The fourth part is the legal suggestions of perfect our country convergence system between labor arbitration and litigation, the author puts forward four legal suggestions on China’s labor arbitration and litigation convergence to solve these problems.All in all, the author believes we should minimize the cost to deal with labor dispute, that requires people analyze the functions of all the dispute settlement system and the social positions of labor arbitration. We should not learn westernization blindly, but we must fully consider China’s current law resources. At the same time, we should take some legal experimpent from western development coutries to fly up the ability of China’s labor disputes settlement designedly and persistently.