劳动仲裁制度的冲突与重构

我国劳动仲裁作为诉讼的前置程序,与诉讼形成紧张的冲突,难以起到分散纠纷的立法目的,而且弱化了当事人运用劳动仲裁的积极性。改革一裁二审的立法模式,建立裁审分轨的纠纷处理机制,协调仲裁与诉讼之间的关系,能够充分发挥劳动仲裁制度化解、消弭劳动纠纷的应有作用。

Confliction and Reconstruction of Labor Arbitrament System

As a prelude to action when resolving labor disputes in China,labor arbitrament procedure is now in conflict with action,which is hard to attain the goal of dispersing labor disputes,but reduces the party's activity for applying labor arbitrament procedure.It is by reforming the legislative system of one arbitrament and two trials,by building the dispute resolution system of separating labor arbitrament from action,and by coordinating the relation between arbitration and action,that we can bring labor arbitration system into full play in resolving labor disputes.