"Sluice Gate Diversion Machanism ":Analysis Of Labor Dispute Arbitration Practice Strategy Under The Background Of Multiple Resloving Conflicts And Disputes

With the development of China’s social economy and the advancement of social transformation,reform has entered a crucial period and deep-water area,social conflicts and disputes have increased significantly,various conflicts of interest have become increasingly obvious,and disputes have become increasingly diverse and complex.In recent years,the contradiction between labor and capital in our country has become more and more acute,the number of labor dispute cases is increasing,and the voice of diversified dispute resolution mechanism is higher and higher.The Fourth Plenary Session of the 18 th CPC Central Committee"decision on several major issues of comprehensively promoting the rule of law" put forward: "we should improve the prevention and resolution mechanism of social contradictions and disputes,and improve the diversified dispute resolution mechanism of mediation,arbitration,administrative adjudication,administrative reconsideration,litigation and other organic convergence and mutual coordination." The 18 th National Congress of the Communist Party of China clearly put forward:"improve the labor standard system and labor relations coordination mechanism,strengthen labor security supervision and dispute mediation and arbitration,and build a harmonious labor relationship.".It is the first time that the specific work of labor dispute mediation and arbitration is included in the report,which fully shows that the high-level leaders of the party and the state attach importance to and look forward to the field of labor relations and the work of labor dispute arbitration.However,labor dispute arbitration,as a necessary procedure in the labor dispute resolution mechanism and an indispensable part in the multi contradiction resolution mechanism,does not seem to have been paid enough attention to and played its due role in practice.Many scholars have affirmed the importance of multi contradiction resolution mechanism.By combing the foreign and domestic labor dispute settlement mechanism,it is found that China’s legislation,the legal effect of labor dispute arbitration,and the degree of attention to labor dispute arbitration are far less than those of foreign countries.The current system of first arbitration and second instance also has disadvantages,which is not conducive to the labor dispute arbitration to play its due role.Most scholars have put emphasis on the role of mediation in non litigation means,and have optimized the labor dispute arbitration from the perspective of system and policy.However,the relationship and operation mechanism between mediation,arbitration and litigation have not been explored from the practical level,nor have the arbitration agencies themselves been optimized.Through the participatory observation,interview and case analysis of L district labor dispute arbitration court in C City,combined with the research of relevant literature,the author puts forward the innovative concept of "gate diversion mechanism",and analyzes how the labor dispute arbitration institution "pushes" the case forward "to private negotiation settlement," and "pushes" the case horizontally "to administrative adjudication;How to "cut off" to arbitration mediation and arbitration award,how to "release" to court appeal.This paper summarizes the actual situation of the basic labor dispute arbitration court and the specific practical strategies of the arbitrators,and combs the operation of the labor dispute settlement mechanism of mediation,arbitration,administrative litigation and litigation.Then summarize the problems,put forward suggestions,and try to get the Enlightenment of judicial social work intervention,in order to improve the professionalism and effectiveness of labor dispute arbitration,make it play a better role in maintaining stability and resolving disputes,and enrich the optimization strategy of China’s multi conflict resolution mechanism.