论文部分内容阅读
近十年来,我国的劳动争议案件大幅增加,劳资矛盾不仅成为社会矛盾的焦点,也成为人民法院民事审判工作中的热点和难点。在处理劳动争议的协商、仲裁、诉讼环节中,作为最后一环的诉讼承载着解决冲突、不使矛盾向社会扩大的责任。要妥善处理劳动争议,维护社会和谐稳定,调解制度具有明显的优势。虽然在大环境的影响下,目前劳动争议案件的诉讼调解率较低,还存在不少制约调解工作开展的不利因素,但是调解对建立一个安宁和谐的劳动环境和秩序的重要性也日趋凸现。本文从劳动争议案件诉讼调解的现状出发,试图通过对调解率低的成因分析,挖掘出隐藏于现象下的调解的巨大潜力,并据此说明,在劳动争议案件中,诉讼调解还有着很强的运用空间,有待于我们进行进一步的研究和摸索。
In the past ten years, the number of labor disputes in China has risen sharply. Labor-management conflicts have not only become the focus of social conflicts, but have also become hot spots and difficulties in the people's court trials. In the process of consultation, arbitration and litigation concerning the handling of labor disputes, litigation as the last step carries the responsibility of resolving conflicts and not expanding conflicts to the society. To properly handle labor disputes and maintain social harmony and stability, the mediation system has obvious advantages. Although the mediation rate of litigations in labor dispute cases is relatively low under the influence of the general environment, there are still many unfavorable factors restricting the mediation work. However, the importance of mediation in establishing a peaceful and harmonious working environment and order is also increasingly prominent. Based on the current situation of mediation in labor dispute cases, this paper tries to find out the huge potential of mediation hidden in the phenomenon through the analysis of the causes of low mediation rate. Based on this, we can conclude that there is a strong mediation in labor dispute cases The use of space, pending our further research and exploration.