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China's current labor dispute handling mechanism of reflection


Cases require compulsory arbitration before litigation, in fact,tods shoes outlet, to set up an obstacle to the party activists. Not conducive to the protection of workers rights. Is not conducive to resolving labor disputes in a timely manner. Third, the field of implementation of the labor dispute,air jordan high heels, Relief of rights associated with the consistency of the trial-level system should be up to. Through trial-level system to adjust and regulate the rights of relief, is the significance of the trial-level system. Indeed. Ye Hao justice proceedings, litigation and efficient worth mentioning, are relative. The establishment of trial-level system, the key is to justice and effectiveness of the proceedings in the litigation between the two being found - a balance to achieve a reasonable level, so that both maximize the interests of justice. And possible actions to achieve high efficiency. Effectiveness of the proceedings for legal justice and a different understanding, fairness and effectiveness of the proceedings for the legal balance between the different settings, it is different in different countries provides an important reason for the trial-level system. I believe that. Implemented in the field of labor disputes, (1) waste of resources, effectiveness of the proceedings and litigation against the economic principles. As the current system of two final pre-trial for all disputes, so the amount is small, simple civil case, the parties can be based on an appeal by the higher people's court of second instance. The parties to the appeal court of first instance is not effective referee. Statement within the statutory period against, and request the people's court of appeal on a request to the relevant facts and law applicable to proceedings behavior. China's civil law does not clearly defined the conditions of appeal, but in an academic, is generally believed that the conditions of appeal, including appeals of 10 real elements and form elements. Can be seen. China to bring the parties. E v. The conditions require quite broad, which in fact means that in any case, regardless of the size of the target amount of litigation, regardless of whether the complex case. And regardless of what the parties for the purpose of an appeal, a party can submit an appeal for second-instance proceedings caused by the higher people's court for the second hearing of the case. The result is often the one hand, even a small amount of subject matter of litigation,vibram five fingers outlet, the case a simple case -r/Nn--IM intentionally delay or non-legitimate purposes, and the phenomenon of abuse of rights of appeal have occurred. Say that this is a distortion of the concept of justice, the parties and the courts for human, material and financial resources to waste, is the effectiveness of the proceedings and litigation against the economic principles. At the same time. Action time-consuming, laborious but also to spend money, make a weak position of workers discouraged. Not conducive to the weak position of protecting the legal rights of workers. (2) causes non-uniform application of the law, contrary to the concept of legal justice. According to China's Civil Procedure Law. The people's court of second instance shall appeal the relevant facts and applicable law to be reviewed. So. China has adopted a system of two final pre-trial by the court of second instance is the court of first instance found the facts and the applicable law to be reviewed. In this case, the applicable law is difficult to be harmonized. This - is based on our court system and the provisions of the Court's jurisdiction. Court of second instance can be both Intermediate People's Court,MBTシューズ 販売店, Higher People's Court may also, or even the Supreme Court, due to differences in the quality of judges. Different understanding of the trial court level and the specific application of the law will be different, making the application of the law can not achieve unity; second,replica oakley sunglasses, because our civil law, there are still imperfections. Provides not only have greater flexibility, and some are even empty. So how to understand the spirit of the law, how to apply the existing legal provisions. There will be differences. In the dispute resolution process, the law applies whether the justice is an important guarantee for resolving disputes, if not understanding and uniform application of the law will lead to the same case as the law applicable to different lead to different results. Indeed. Practice also often appeared in these cases. This is actually a serious violation of the concept of legal justice and trampled.
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