我国劳动争议处理程序为:“一调一裁二审”,即企业劳动争议调解委员会调解、劳动争议仲裁委员会仲裁和人民法院诉讼,其中最大的特点是“先裁后审”。目前,理论和实务部门基本上达成了一个共识:“一调一裁二审”,存在诸多弊端,必须加以改革。为此全国人大也启动了劳动争议处理立 The labor dispute handling procedures in our country are as follows: “One regulation, one arbitration and second trial”, ie mediation of labor dispute mediation committee, arbitration of labor dispute arbitration committee and litigation of people's court. One of the biggest features is “trial after trial.” At present, the theory and the substantive departments have basically reached a consensus that “there is a great deal of drawbacks in the one trial, one court decision and the second trial, and reforms must be carried out.” To this end, the NPC has also initiated the establishment of a labor dispute