劳动争议解决机制的困境与出路

The Predicament and Way-out of Mechanism for Settling Labor Disputes

适宜的争议处理机制须满足一国劳动关系发展的实际需要。为此,大多数国家建立了比较成熟的劳动争议解决机制。我国也初步形成了独具特色的劳动争议解决机制,即实行"一调一裁两审"的体制,并辅以"一裁终局"。然而,在实践中暴露出的诸多问题凸显了目前解决体制的不足与缺陷。基于此,寻求一条更适宜的争议解决机制之路,即怎样提高各处理机构解决争议的能力,整合各种资源,实现案件分流,缓解案多人少的矛盾等就成为十分迫切的问题。

Appropriate mechanism for settling disputes should meet the practical need for the development of a country＇s labor relation. As a result, most countries have established rather perfect mechanisms for settling labor disputes. Our country has also set up mechanisms of particular features for settling labor disputes, namely the system of mediation once, arbitration once and trial twice, with the assistance of arbitration once as the final result. However, many problems exposed in practice have revealed the deficiency and defects of the current mechanism for settling disputes. Therefore, it＇s rather urgent to find a more appropriate way to settle disputes, namely how to enhance the ability of settling disputes of various agencies, and integrate different resources and distribute the cases so as to relieve the contradiction between cases and people.