我国劳动仲裁与诉讼关系问题分析-民商法学专业毕业论文.pdfVIP

reasons. First, the current "first after cutting has not been able to judge" model under the condition of market economy of solving labor dispute cases of the modern rule of civilization and do not comply with the requirements. Secondly, the arbitration procedure of prerequisite seriously damage the litigation, limit the parties of the right to free choice relief way, further weakening the credibility of the labor arbitration award, also make the party lost the trust of labor arbitration commission. Finally, the arbitration lead increased dispute processing link, tremendous waste of social resources, to the detriment of labor disputes settled as soon as possible. Part 3: Foreign labor arbitration and litigation relations legislation pattern.this section the author respectively introduces USA, Germany, Australia, Japan and France's status quo and cutting umpire relations with China compared to their judges the difference between cutting relation mode, hope, then through cutting construct the actual judge relation mode. Part 4: China labor arbitration and litigation relations the coordination.The author in this section sets out the domestic research on constructing the judge what cutting relation mode theory expounded respectively, the view of the relationship between two judges cutting theory model: monorail system and and regulation, based on the background of foia both theoretical basis and in China, and combined with the labor arbitration and litigation relations, issues related to improve our system design, the labor dispute resolution mechanism are proposed. Key words: labor dispute, labor arbitration, arbitration lead, cutting umpire relationship IV 关于学位论文独创声明和学术诚信承诺 本人