仲裁委员会对劳动争议案件作出裁决前,申请仲裁的双方当事人要求撤回起诉,或被诉人(企业行政)发现自己作出的行政决定确有错误,通过撤销或者变更原处理决定的方式自己纠正自己的错误,所有这些结束已经开始审理程序的行为称之为撤诉。当前劳动争议处理法规对这一问题尚未明确。因此,在劳动争议案件审理中碰到这一问题,认识也很不一致。笔者认为这一问题可以从以下两个方面来理解: 首先,申请仲裁当事人提请撤诉是否意味着可终止已经开始审理的程序。笔者认为撤诉不仅仅是申诉人的权利,也涉及被诉人的利益。申诉人申请仲裁后,被诉人应诉前尚未参加到诉讼中去,这时申请仲裁的当事人提出撤诉请求,由仲裁委员会作出裁定即可。因这时 Before the Arbitration Commission awards a labor dispute case, the parties applying for arbitration request that the prosecution be withdrawn or the respondent (the enterprise administration) finds that the administrative decision it has made is indeed wrong and that it can correct itself by canceling or changing the original decision of handling The mistake, all of which ends the process of hearing the proceedings, is called withdrawal. The current labor dispute handling regulations on this issue is not yet clear. Therefore, this issue is encountered in the handling of labor dispute cases. There is also great inconsistency in understanding. The author believes that this issue can be understood from the following two aspects: First, the application of arbitration parties to withdraw their claims means that the process of terminating the proceedings has begun. The author believes that withdrawing a lawsuit is not only the rights of the complainant, but also the interests of the respondent. After the claimant applies for arbitration, the respondent has not participated in the litigation before responding to the litigation, and the party applying for arbitration may, at this time, make a request for withdrawing the suit and the arbitration commission may make a ruling. Because of this time