英文摘要 |
In order to strengthen the effectiveness of traditional judicial mediation and to meet the requirements of professionalism, promptness, and appropriateness required for labor incidents, the Labor Incident Act provides Mediation Procedure in Chapter 2, which not only builds on the Civil Procedure Law, but also further expands the scope of compulsory mediation and introduces lots of new provisions. For example, labor incident shall be resolved within three months and within three court dates, and the parties have to submit facts and evidence before the end of the second court date. Besides, the labor mediation committee has to carry out the coordination of issues or even boost the parties to reach an agreement of simplification of issues. Also, the labor mediation committee is composed of one judge and two mediation committee, and should simultaneously, jointly carry out mediation. Furthermore, when parties can’t establish mediation or authorize the mediation committee to provide mediation provisons, the mediation committee should provide an appropriate proposal ex officio. Besides, when mediation procedure is transformed into civil procedure due to the fail of mediation, there is continuity between mediation procedure and civil procedure about judge, facts and evidence existing. These are the characteristics of the labor mediation procedure that are different from the civil mediation procedure. Therefore, it is important to clarify and to establish the application of labor mediation procedure. This article first studies Labor Trial Act in Japan, which is the comparative law of labor mediation procedure, and second focuses on labor mediation procedure in Taiwan. Finally. this article aims to clarify the application of labor mediation procedure with comparative method, and try to theoretically establish its basis in Taiwan. This article consists of six chapters. The first chapter is an introduction, which explains the motivation of this article, raises the awareness of the problem, and points out the research method used. In Chapter 2, this article studies the essence and operation of the Labor Trial Act in Japan, and then introduces the legislative process, and points out that the essence of the labor trial procedure. In Chapter 3, this article studies the effect of reconciliation and the effect of adjudication in the labor trial procedure, and then try to analyze issues related to the effects above. In Chapter 4, on the basis of Chapter 2, this article refocuses on the essence and operation of the labor mediation procedure in Taiwan. It tries to clarify essences of the labor mediation procedure and the procedural jurisprudence applicable to the labor trial procedure, and resolve issues related to those essences. In Chapter 5, this article focuses on the effect of reconciliation and the effect of adjudication in the labor mediation procedure. On the basis of Chapter 3, it points out that there are the effect of reconciliation and the effect of adjudication existing in the labor mediation procedure, and then analyzes the issues related to effects above, especially about the trial structure in labor mediation procedure( including the concept of mediation rules ), the coordination of issues and the agreement of simplification of issues in labor mediation procedure, and the continuity between mediation procedure and civil procedure. The last one is also involved with Article 30(1) and Article 34 of the Labor Incident Law and thus this article will analyze jointly in Chapter 5. Finally in Chapter 6, it summarizes the conclusion of this research. |