Research On The Linkage Mechanism Of Labor Dispute Cases Adjudication And Adjudication

In recent years,with the further improvement of the socialist rule of law in China,the legal consciousness of workers has gradually increased,and workers are more and more inclined to take up legal weapons to defend their legitimate rights and interests.According to the provisions of Article 79 of the Labor Law of China,labor dispute cases should be submitted to labor arbitration first,and then labor dispute litigation can be initiated only if they are not satisfied with the result of the award.The labor dispute settlement mechanism of "adjudication before trial" plays an irreplaceable role in the rapid resolution of labor disputes in China.However,due to the absence of systematic laws and regulations on labor dispute arbitration procedures,most of them directly adopt the specific provisions of civil litigation in the process of arbitration.However,the differences between arbitration and litigation in such aspects as the scope of acceptance,the rules of evidence application,the limitation system,and the scope of trial make the connection between them appear many problems,which often make the disputing parties encounter many difficulties,which will not only increase the cost of defending the rights of the parties,but also waste judicial resources.This paper will be divided into four parts to write.In the first part,by combing the basic concepts of labor arbitration procedure and litigation procedure in China and comparing their characteristics,we try to find out the advantages and disadvantages of the two procedures in solving labor disputes in China.The second part mainly explores the current judicial status of labor disputes in China by investigating the data of labor disputes in recent years.In the third part,through the analysis of typical cases,we find the concrete problems in practice.The fourth part mainly aims at the specific problems found in the third part,and makes a concrete analysis of its causes,expecting to put forward some practical suggestions for the improvement of adjudication convergence.This article is to sort out and solve the specific problems existing in the process of labor arbitration and litigation convergence under the framework of the current "first instance and second instance"handling mechanism,in order to achieve a reasonable convergence of the labor dispute adjudication system,timely resolve labor disputes,ease judicial pressure,and further improve the credibility of the judiciary.