违背诉讼效益和仲裁本身的内在要求,限制了当事人诉权的行使,以及仲裁和诉讼的严重脱节,是目前我国劳动争议处理中“裁审并轨”制度的最大弊端。遵循程序公正和程序效益,节约司法资源,实行“裁审分离”是解决上述问题的最佳选择。 Violation of the inherent benefits of litigation and arbitration itself restricts the parties’ right of action and the serious disjunction between arbitration and litigation. It is the biggest drawback of the system of “review and merger” in the current labor dispute handling in our country. To follow procedural fairness and procedural benefits, save judicial resources, and implement “separation of adjudication and trial” are the best solutions to these problems.