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劳动争议“一裁终局”制度设计的初衷是好的,但是这一制度由于其自身的缺陷和弊端,在实践中不能达到加快劳动争议处理进度、节约司法资源的目的。据于此,建议从立法方面加以完善。同时,由于仲裁委员会的性质不清、仲裁员自身层次差,一些仲裁员不足以担负起“一裁终局”之重任。为此建议将仲裁机构纳入“大司法”体系中,同时提高仲裁员的准入门槛和待遇。这将是劳动争议定纷止争的重要一环,同时也将为我国逐步建立劳动法院铺垫道路。
The original intention of the system of labor dispute “final court ” is good, but due to its own defects and drawbacks, this system can not achieve the goal of speeding up labor dispute resolution and saving judicial resources in practice. Therefore, it is suggested to improve the legislation. At the same time, due to the unclear nature of arbitration commissions and the different levels of arbitrators themselves, some arbitrators are not enough to shoulder the task of “ending the trial in a row.” Therefore, it is suggested to include the arbitration institution in the system of “big justice” and at the same time to improve the access threshold and treatment of arbitrators. This will be an important part of the dispute over labor disputes and will pave the way for the gradual establishment of a labor court in our country.