新民诉法实施后对劳动争议实务与处理机制的思考

On Practice and the Labor Dispute Resolution System after the Implementation of the New Civil Procedure Law

新《民事诉讼法》及司法解释的颁布实施,是司法审判实践经验的总结与升华,修订亮点纷呈。任何一项新制度实施,在推动社会发展进步同时,必将带来新的挑战。劳动仲裁适用《民事诉讼法》,新法对公民代理的限制,增加劳动者"诉累"及维权成本,应予在一定程度上松绑;小额诉讼实行一审终审制是审级制度的创新,劳动争议处理机制可以参照适用,实行"一调一裁一审"。

The revised civil suit law based on a wealth of judicial practice,with lots of highlights,is finally embracing its promulgation and implementation.However,as is often the case with any other system,the new law must be facing the challenges while it's pushing forward the society in its implementation.Therefore,the labor arbitration will certainly rise to such occasions that the citizen agency is restricted,the labor's litigation exhaustion is added,and that the cost in the safeguarding of the right is increased.To some extent,it's necessary to loosen these ties.In the new law,one-final trial is allowed in the small claims,which has innovated the trial system and can be followed by one-final mediation-trial-judgement instance in the labor dispute resolution system.