论劳动仲裁与诉讼制度的衔接
改革开放以来，我国市场经济蓬勃发展，但不可避免的存在着一些“并发症”，例如：劳动条件及环境恶劣、工资低廉、劳动时间超长硬性加班等。近年来，我国劳动者的维权意识越来越强，伴随而来的就是劳动争议的案件出现“井喷式”的增长。而劳动仲裁在劳动争议的解决和劳动者权利的保护的过程中发挥了不可替代的作用。劳动仲裁制度虽然不是我国独有的，但是我国的劳动仲裁制度在不断地探索中自成一派，逐渐形成了具有“中国特色”的劳动仲裁制度，兼具行政性和司法性于一身。目前我国对于劳动争议的处理采取“一调一裁两审”的制度，即劳动争议必须先经过劳动仲裁部门实体处理，当事人对于仲裁裁决有异议的，再进入诉讼程序，适用两审终审。现行的劳动争议处理制度一直为法学界所诟病，究其缘由，并非“裁审并存、仲裁前置”的体制造成的。仲裁与诉讼在时效、管辖、证据采纳规则等各方面的不同，使得二者没能最大程度的发挥自身的优势，缺少该有的默契。综上，本文旨在理清劳动争议仲裁与诉讼制度在衔接上存在的问题，并针对性的给出解决的意见，同时提出“案件分类、分流处之”的多元化纠纷解决模式。
关键词：劳动争议；劳动仲裁；劳动诉讼；衔接
ABSTRACT：Since the reform and opening up, China's market economy has developed vigorously, but inevitably there are some "complications", such as labor conditions and bad environment, low wages and overtime and hard work overtime. In recent years, the rights of workers in our country have become more and more strong, and the case of labor dispute is "blowout". The labor arbitration has played an irreplaceable role in the process of solving labor disputes and protecting the rights of workers. Although labor arbitration system is not unique in our country, the labor arbitration system in our country has become one school in continuous exploration and has gradually formed the work with "Chinese characteristics" .The system of active arbitration is both administrative and judicial. At present, our country adopts the system of "one adjustment, one cut and two trials" to deal with the labor dispute, that is, the labor dispute must be dealt with by the entity of the labor arbitration department first, and if the parties have any objection to the arbitration award, they shall enter the litigation procedure and apply the two final trials. The current labor dispute handling system has always been criticized by the legal circles. The reason is not the system of "adjudication coexisting and arbitration ahead". The differences between arbitration and litigation in the aspects of limitation, jurisdiction and rules of evidence adoption make the two fail to give full play to their own advantages and lack the tacit understanding. In summary, this article The purpose of this paper is to clarify the problems existing in the connection of labor dispute arbitration and litigation system, and to put forward some suggestions for resolving the disputes, and at the same time, to put forward the diversified dispute resolution mode of "classification of cases and diversion of cases".
KEY WORDS: Labor dispute；labor arbitration；labor litigation；convergence
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