Research On The Connection Between Labor Disputes And Adjudication Relations

As a constitutional right of citizens,the basic realization of labor right not only needs substantive and specific provisions,but also needs procedural protection.Therefore,the labor dispute settlement mode of "pre arbitration,one arbitration and two trials" is established in China,which aims to maintain the normal labor order and protect the legitimate rights and interests of workers.Labor arbitration and litigation are the main ways for workers to seek right relief.However,the development of judicial practice and employment relations in the new era has exposed the problems of this solution one by one,which has also aroused the criticism of many scholars.Scholars have put forward different labor dispute settlement mechanisms.The author believes that the main reason for this phenomenon is not the design of the system itself,but the failure to form an effective link between labor arbitration and litigation,which leads to the failure of labor arbitration and litigation to play their due role.This paper aims to clarify the specific problems existing in the connection between arbitration and litigation in the process of labor disputes,and put forward corresponding improvement suggestions on this basis.This paper is divided into four parts:The first part is the basis of the article.First of all,this paper introduces the basic theory of the labor dispute adjudication relationship in China,in order to lead to the discussion on the relationship between labor dispute arbitration and litigation adjudication.Secondly,it is found that labor arbitration has both "quasi judicial" and "administrative" characteristics.Finally,this paper discusses the convergence mechanism of labor dispute from three aspects: the evolution trend of labor dispute adjudication relationship,the convergence mode of adjudication and the effective convergence of adjudication and adjudication relationship from the perspective of efficiency.The second part describes the current academic views on the labor dispute adjudication mode,mainly including the single track mode of "only adjudication but not Adjudication" or "only adjudication but not Adjudication" and the dual track mode of "one adjudication and one adjudication" or "either adjudication or adjudication,respective Finality".Combined with the judicial practice,through the analysis of the above views,put forward their own views.The third part is the focus of the article,focusing on the problems existing in the connection of labor dispute adjudication.In terms of procedure,the provisions of jurisdiction are unreasonable,the rules of evidence application are not unified,and the limitation provisions are defective;in terms of effectiveness,the effectiveness of arbitration awards made by arbitration institutions can not be confirmed;in practice,the positioning of arbitration institutions is unclear,and there is a lack of communication between arbitration institutions and courts The system of mediation and connection between adjudication and adjudication is incomplete.The fourth part is the response to the problems.In view of these problems,the author puts forward corresponding suggestions,including: establishing exclusive jurisdiction system,unifying the scope of the case,constructing the rules of the validity of the arbitration award,and promoting the effective operation of the arbitration mechanism in practice.