劳动争议诉讼若干问题研究

发布时间：2018-04-27 12:27

本文选题：劳动争议诉讼 + 受理管辖　；参考：《山东大学》2008年硕士论文

【摘要】： 劳动争议也称劳动纠纷,是指劳动关系双方当事人即通常的劳动者和用人单位在执行相关的劳动法律、法规或履行劳动合同时,因发生权利分歧而产生的争议行为。劳动争议制度主要包括劳动争议的协调、调解、仲裁和诉讼,其中劳动争议诉讼是劳动争议解决的终极司法保障。劳动争议诉讼是指劳动争议当事人针对劳动权利争议相关事项向人民法院提起诉讼,由人民法院依法对案件进行审理和判决的活动。劳动争议诉讼区别于普通民事诉讼,且与行政诉讼存在诸多区别。由于现行劳动立法的滞后性,我国目前的劳动争议诉讼制度存在着严重的制度性缺漏,主要体现在劳动仲裁和诉讼的关系不尽合理、劳动争议诉讼的管辖不清晰、当事人举证责任不够明确以及审判机关的设置不科学等等方面,致使诉讼方式在劳动争议处理机制中的作用尚未很好地发挥出来。本文总体上分为两大部分,第一部分即本文第一章,首先对劳动争议诉讼的概念和种类作以阐述,并在此基础上,比较劳动诉讼与普通民事诉讼、行政诉讼、劳动争议仲裁制度等,论证劳动诉讼独特程序和原则,主要从宏观上对劳动诉讼进行介绍;第二部分是本文的重点,主要介绍劳动争议诉讼制度,并提出制度存在的诸多问题,提出解决问题的对策。具体而言,第二部分共分为四章: 本文第二章介绍劳动争议诉讼制度的受理与管辖,总结并提炼民事诉讼法和劳动法相关法律法规对受理和管辖规定的具体内容,并针对特殊的受理和管辖问题,提出个人观点和对策。本文第三章介绍我国劳动争议审判机构模式,首先引入了英国、法国、德国和澳大利亚等西方发达国家在处理劳动争议问题上的审判模式,然后以此为借鉴,论证我国劳动争议诉讼审判模式的重构及完善。本文第四章论述了劳动争议诉讼举证责任分配制度,通过介绍法学界对现行举证责任制度的评价,提出个人见解,使举证责任制度更人性化。本文最后一章也是本文第二部分的重点章节,通过论述现行劳动争议诉讼制度与仲裁制度的关系,揭示两者关系存在的缺陷,提出完善现行劳动争议诉讼制度的相关建议,以期对劳动争议处理体制的重构和改进有所帮助。
[Abstract]:Labor dispute is also referred to as labor dispute, which refers to the dispute caused by the rights difference between the parties to the labor relationship, that is, the laborer and the employing unit in the execution of relevant labor laws, regulations or labor contracts. Labor dispute system mainly includes labor dispute coordination, mediation, arbitration and litigation, in which labor dispute litigation is the ultimate judicial guarantee for labor dispute settlement. Labor dispute litigation refers to the activities in which the labor dispute parties bring a lawsuit to the people's court for the matters related to the labor right dispute, and the people's court tries and adjudicates the case according to law. Labor dispute litigation is different from ordinary civil litigation, and there are many differences between labor dispute litigation and administrative litigation. Due to the lag of the current labor legislation, there are serious institutional gaps in the current labor dispute litigation system in China, which is mainly reflected in the unreasonable relationship between labor arbitration and litigation, and the unclear jurisdiction of labor dispute litigation. The parties' burden of proof is not clear enough and the setting of the judicial organs is not scientific, so the role of litigation mode in the mechanism of handling labor disputes has not been well brought into play. This paper is divided into two parts as a whole. The first part is the first chapter of this paper. Firstly, it expounds the concept and types of labor dispute litigation, and on this basis, compares labor litigation with ordinary civil action and administrative litigation. The second part is the focus of this paper, mainly introduces the labor dispute litigation system, and puts forward many problems existing in the system. Put forward the solution to the problem. Specifically, the second part is divided into four chapters: The second chapter introduces the acceptance and jurisdiction of labor dispute litigation system, summarizes and refines the specific contents of the relevant laws and regulations of civil procedure law and labor law, and aims at the special problems of acceptance and jurisdiction. Put forward personal viewpoint and countermeasure. The third chapter introduces the mode of labor dispute adjudication organization in our country. First, it introduces the trial mode of the United Kingdom, France, Germany and Australia in dealing with the labor dispute, and then draws lessons from it. To demonstrate the reconstruction and perfection of the trial mode of labor dispute litigation in China. The fourth chapter discusses the distribution system of the burden of proof in labor dispute litigation. By introducing the evaluation of the present system of the burden of proof in the field of law, the author puts forward his personal opinion and makes the system of burden of proof more humanized. The last chapter of this paper is also the key chapter of the second part of this paper. By discussing the relationship between the current labor dispute litigation system and the arbitration system, this paper reveals the defects of the relationship between the two, and puts forward some relevant suggestions to improve the current labor dispute litigation system. It is expected to be helpful to the reconstruction and improvement of labor dispute handling system.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.5

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