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| Opinions of the Ministry of Human Resources and Social Security and the Supreme People's Court on Strengthening the Building of a Mechanism of Connection between Arbitration and Litigation of Labor and Personnel Disputes | | 人力资源社会保障部、最高人民法院关于加强劳动人事争议仲裁与诉讼衔接机制建设的意见 |
| (No. 70 [2017] of the Ministry of Human Resources and Social Security) | | （人社部发〔2017〕70号） |
| The departments (bureaus) of human resources and social security and higher people's courts of all provinces, autonomous regions, and municipalities directly under the Central Government; the Military Court of the People's Liberation Army; the Bureau of Human Resources and Social Security of Xinjiang Production and Construction Corps; and the Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Region: | | 各省、自治区、直辖市人力资源社会保障厅（局）、高级人民法院，解放军军事法院，新疆生产建设兵团人力资源社会保障局、新疆维吾尔自治区高级人民法院生产建设兵团分院： |
| Strengthening the building of the mechanism of connection between arbitration and litigation of labor and personnel disputes (hereinafter referred to as the “mechanism of connection between arbitration and litigation”) is an important measure for establishing a sound system for resolution of labor and personnel disputes and improving the mechanism for diversified resolution of conflicts and disputes. In recent years, some regions have positively explored and strengthened the work of connection between arbitration and litigation, promoted the legal, impartial, and timely resolution of labor and personnel disputes, and achieved good legal and social effects. However, across the country as a whole, the mechanism of connection between arbitration and litigation of labor and personnel disputes has not been generally established in all regions. Even in regions where the mechanism has been established, it is far from perfect and there are still such problems in the work of arbitration and litigation as inconsistency in the scope of acceptance of disputes and non-standardized procedural connection, which affect the quality and efficiency of dispute resolution and reduce the credibility of arbitration and justice. In order to further strengthen the building of the mechanism of connection between arbitration and litigation of labor and personnel disputes, the following opinions are hereby raised: | | 加强劳动人事争议仲裁与诉讼衔接（以下简称裁审衔接）机制建设，是健全劳动人事争议处理制度、完善矛盾纠纷多元化解机制的重要举措。近年来，一些地区积极探索加强裁审衔接工作，促进了劳动人事争议合法公正及时解决，收到了良好的法律效果和社会效果。但是，从全国来看，劳动人事争议裁审衔接机制还没有在各地区普遍建立，已建立的也还不够完善，裁审工作中仍然存在争议受理范围不够一致、法律适用标准不够统一、程序衔接不够规范等问题，影响了争议处理质量和效率，降低了仲裁和司法的公信力。为进一步加强劳动人事争议裁审衔接机制建设，现提出如下意见。 |
| I. Specifying the overall requirements for strengthening the building of the mechanism of connection between arbitration and litigation | | 一、明确加强裁审衔接机制建设的总体要求 |
| To effectively conduct the work of connection between arbitration and litigation, you shall fully implement the spirit of the 19th CPC National Congress and the first plenary session of the 19th CPC Central Committee, follow the guidance of the Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, and effectively implement the decisions and arrangements for deepening the law-based governance, improving the security level and people's livelihood, and strengthening and innovating on social governance. According to the relevant requirements of the Opinions of the CPC Central Committee and the State Council on Building Harmonious Labor Relationship (No. 10 [2015], CPC Central Committee) and the Opinions of the General Office of the CPC Central Committee and the General Office of the State Council on Improving the Mechanism of Diversified Resolution of Conflicts and Disputes (No. 60 [2015], General Office of the CPC Central Committee), you shall positively explore and grasp the work rules for connection between arbitration and litigation, gradually establish sound new rules and systems with consistent scope of arbitration and litigation acceptance, uniform arbitration and litigation standards, and effective connection of arbitration and litigation procedures, realize the improvement and smooth running of the mechanism of connection between arbitration and litigation, give full play to the unique advantages of arbitration and the guiding, driving, and safeguarding roles of justice in the resolution of labor and personnel disputes, make joint efforts to resolve conflicts and disputes, effectively safeguard the lawful rights and interests of the parties, and promote harmonious labor and personnel relationship and social stability. | | 做好裁审衔接工作，要全面贯彻党的十九大和十九届一中全会精神，以习近平新时代中国特色社会主义思想为指导，坚持以人民为中心的发展思想，切实落实深化依法治国实践以及提高保障和改善民生水平、加强和创新社会治理的决策部署，按照《中共中央 国务院关于构建和谐劳动关系的意见》（中发〔2015〕10号）、《中共中央办公厅 国务院办公厅关于完善矛盾纠纷多元化解机制的意见》（中办发〔2015〕60号）有关要求，积极探究和把握裁审衔接工作规律，逐步建立健全裁审受理范围一致、裁审标准统一、裁审程序有效衔接的新规则新制度，实现裁审衔接工作机制完善、运转顺畅，充分发挥劳动人事争议处理中仲裁的独特优势和司法的引领、推动、保障作用，合力化解矛盾纠纷，切实维护当事人合法权益，促进劳动人事关系和谐与社会稳定。 |
| II. Unifying the acceptance scopes of arbitration and litigation and standards for application of law | | 二、统一裁审受理范围和法律适用标准 |
1. The acceptance scopes of arbitration and litigation shall be gradually unified. The arbitration committees of labor and personnel disputes (hereinafter referred to as “arbitration committees”) and the people's courts in all regions shall, in accordance with the Labor Dispute Mediation and Arbitration Law of the People's Republic of China and other relevant legal provisions, gradually unify the acceptance scopes of social insurance disputes, personnel disputes, and other disputes. The arbitration committees shall improve and complete the system of acceptance and case-filing of labor and personnel disputes and legally ensure that any case is placed on file. Where conditions permit, the arbitration committees shall explore the implementation of the case-filing registration system and effectively give play to the functions and roles of arbitration priority.
．．．．．． | | （一）逐步统一裁审受理范围。各地劳动人事争议仲裁委员会（以下简称仲裁委员会）和人民法院要按照《中华人民共和国劳动争议调解仲裁法》等法律规定，逐步统一社会保险争议、人事争议等争议的受理范围。仲裁委员会要改进完善劳动人事争议受理立案制度，依法做到有案必立，有条件的可探索实行立案登记制，切实发挥仲裁前置的功能作用。
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