劳动争议处理制度的新变化——以《劳动争议调解仲裁法》为依据

劳动争议处理制度是劳动法确立的一项重要程序制度，是构建和谐劳动关系的法律机制之一。但我国过去的劳动争议处理剁度存在不少缺陷，新颁布的《劳动争议调解仲裁法》则基本立足于我国实际，在一些制度设计上取得了重大突破，主要表现为：立法价值取向更加务实；劳动争议调解主体多元化；争议处理时限缩短，提高了争议处理效率；仲裁组织的建拘趋于合理化；对劳动争议仲裁时效进行了重欠完善；确立了部分劳动争议案件的仲裁终局制；确立了私法对劳动争议仲裁的有限监督等，从而使劳动争议处理制度产生了新的变化。

The System Reconstruction of Labor Dispute Settlement According to Mediation & Arbitration Law for Labor Dispute

The labor dispute settlement system is an important procedural system established by Labor Law and one of the legal mechanisms adjusting the labor relationships. However, the present system pattern of labor dispute settlement meets disapproval and the relevant systems established by the new promulgated Mediation ＆ Arbitration Law for Labor Dispute have defects. So the system reconstruction is necessary： Firstly, equality, justness, cost rationalization, defusing contradiction effectively and value orientation of settling dispute to construct harmonious and steady labor relationship should be upheld; Secondly, different ways should be applied in settling individual and collective dispute, right and interest dispute, infringement and contract dispute; Thirdly, the labor disputes reconcile committee should be canceled, tripartite principle should be upheld, the mediation focus should be transformed by implementing the mediation system of combining voluntary and enforcement; Fourthly, folk character should be strengthened by playing down administrative attribute in labor dispute arbitration, dispute settlement efficiency should be improved by simplifying arbitration procedures, and separation of arbitration and judicial decision should be realized to exert the role of arbitration; Fifthly, to construct scientific and rational labor dispute settlement system, labor dispute trial organization and labor dispute litigation procedure mechanism need to be reformed, and main managing range of labor dispute litigation need to be rationally defined.