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我国的劳动争议处理制度正式恢复于1987年,其目标模式虽然从目前看似乎尚未确定,但对劳动争议的解决途径已有明确规定,其核心内容是“先行调解,一裁两审”。当初设计现行体制的初衷是通过自愿的企业内调解程序和强制的劳动仲裁程序终结大部分劳动争议案件,通过诉讼程序监督劳动仲裁程序并最终终结少数疑难劳动争议案件,从而兼顾劳动争议处理的公正性和及时性。但大量的案件实践表明,由于调解、仲裁与诉讼性质不同,法律程序不同,三者往往是不统一的。如何合理衔接这三个程序,成为亟待解决的问题。
The system of handling labor disputes in our country was formally restored in 1987. Although its target model seems to have not yet been determined at present, its solution to labor disputes has been clearly defined. Its core content is “first mediation and second trial” . The original intention of designing the current system was to end the majority of labor dispute cases through voluntary internal mediation procedures and mandatory labor arbitration proceedings, to supervise labor arbitration proceedings through litigation procedures and eventually to terminate a few cases of difficult labor disputes, so as to give due consideration to the fairness of labor dispute handling Sexuality and timeliness. However, a large number of cases show that due to the different nature of mediation, arbitration and litigation, different legal procedures, the three are often not uniform. How to reasonably connect these three procedures has become a problem to be solved urgently.