Study On The Connection Of Labor Dispute Arbitration And Litigation

With the gradual increase of China’s employment system and continuously improve the awareness of the rights of workers,the number of labor dispute cases of the rapid growth trend,has become a major case of China’s current civil trial work.The labor dispute arbitration and litigation are two main ways of solving the labor disputes,but the disadvantages of existing labor dispute settlement system of "the coexistence of arbitration and trial,the arbitration front" has prominent,such as the application of the arbitration and litigation rules are not unified,lack of evidence effect of connection mechanism,not playing the greatest degree of two program advantages.From the perspective of the convergence as main method of resolving labor disputes,the effective cohesion of labor dispute arbitration and litigation can not only improve the outcome of the case of justice,improve the case handling efficiency,promote the rational use of judicial resources,effectively solve labor disputes,resolve labor conflicts,create the necessary conditions for China to build a harmonious and stable the labor relations under the conditions of market economy.But because of China’s labor dispute arbitration system for lack of security,the labor arbitration agency for arbitration awards recognize the existence of litigation position deviation between our country and other factors,arbitration and litigation failed to form an effective cohesion mechanism.Therefore,this paper clarifies the concept,the labor dispute settlement mechanism and other related theoretical basis,through the procedures,combined with the existence of China’s labor dispute arbitration and litigation with the reality of the problem,there is a dispute on the proposed solutions,and puts forward the diversified dispute cases,classification the dispute diversion solution model,and strive to achieve better,maximize the efficiency of the labor dispute handling mechanism...