Research On The Procedural Issues Of "one Ruling And Two Trials" Of Labor Disputes In China

Our current labor dispute processing mechanism “two trials,one arbitration”,which is based on the provisions of labor law in 1994,puts the arbitration in advance adopts two-final trial system.After years of development,our country has issued the "labor contract law","labor dispute mediation arbitration law",on “two trials,one arbitration” system which made some modifications,such as conditional “one arbitration as final” and partial transfer of burden of proof.With the development of our socialist market economy,the complexity of social relations,the improvement of labor rights awareness and the legalization environment,the labor dispute cases have showed frequent occurring,complication and diversification.The existing labor arbitration is becoming disadvantages,which is mainly reflected in the limitation of the choice of the parties litigation,the non-uniform of litigation standards,the long period of labor dispute process and so on.In practice,the existing labor dispute processing mechanism also encountered many problems.For instance,standards of the arbitration are not in accordance with the litigation;The authority of the arbitration institutions is weak;" one arbitration" is not valid and "two" trials come to the end;the laborer faces burdens of proof on workers;labor dispute completion arbitrament period is too long to protect of the rights and interests of laborers,labor dispute lawsuit procedures are not intact.Based on this,this paper puts forward the "arbitration or trial,either final" labor dispute processing pattern,combined with the current judicial practice all over the court,referring to the advanced legislation of western developed countries labor relations,proposed the establishment of labor tribunal court system in the country,creating the labor dispute lawsuit procedure.