劳动人事仲裁立法若干问题探讨

Discussion of Some Problems on Labor and Personnel Arbitration Legislation

鉴于目前劳动争议仲裁委员会与人事争议仲裁委员会对某些案件受理范围发生意见分歧以及同一案件既涉及劳动（人事）争议又涉及民事纠纷应由哪一部门受理等受理案件范围、交叉案件的受理、申请仲裁时效、举证责任、处理争议程序等劳动人事仲裁立法尚无规定或认识不一，应研究确定划分受理案件范围的标准、交叉案件受理的原则、举证责任倒置原则和完善处理程序，以维护职工的合法权益。

Whereas the labor dispute arbitration committee and personnel dispute arbitration committee have a divergence of views on the scope of acceptance of some kinds of cases, and which department should accept the same case involving not only labor(personnel)dispute but also civil dispute,some of the problems on which labor and personnel arbitration legislation has no provisions,or has no identical views such as the scope of accepting cases, acceptance of cross cases, limitation of application of arbitration, burden of proof, and procedure for settling dispute are discussed.The standard of partitioning the scope of accepting case, principle of acceptance of cross cases,principle of burden of proof and perfection of procedure for settling dispute are proposed in order to safegurard the lawful right and interests of the employee.