我国现行劳动争议仲裁制度的缺陷与重构

我国现行劳动争议仲裁制度自实行以来,在缓和劳动争议当事人之间的矛盾、解决劳动纠纷等方面起到了应有的作用.但是如今,其所存在的缺陷在实践中日渐凸显,尤其是"仲裁前置"的程序设置问题更为突出.笔者从客观的角度阐述了自己的观点,并提出了"或裁或审"的构建模式,以期能通过对该制度的重构,使其充分发挥协调劳动关系、稳定社会秩序、保障劳动争议当事人合法权益的重要作用,进一步促进社会主义市场经济的健康发展.

On the Defects and Reconstruction of China's Present Arbitration System of Labor Disputes

The present arbitration system of labor disputes has proved its function in resolving and solving the contrad- ictions between clients of labor disputes. But now many problems emerge and this system gradually exposes its inadaptability, especially with regard to the procedure problem of "Arbitration precedence" principle. The thesis gives an objective presentation of the author's view and at the same time puts forward the model of "either judgment or inquisition" in order to reconstruct the present labor disputes disposal system. The new system is supposed to play its important role of harmonizing labor relationship, stabilizing social order, guaranteeing the legal rights and interests of the clients and promoting the healthy development of socialism market economy.