目前我国劳动立法上对劳动争议仲裁与诉讼的有关规定尚不明确、统一，致使二者之间存在的冲突及如何协调这一问题日趋明显，导致理论界、司法界对这一问题在认识、理解和操作上存在相当大的分歧。基于此，笔者试就劳动争议仲裁与诉讼的冲突及协调问题提出苦于浅见。一、劳动争 At present, China’s labor legislation on labor dispute arbitration and litigation related provisions is not yet clear and uniform, resulting in the conflict between the two and how to coordinate the issue becomes increasingly evident, leading to the theoretical community, the judiciary is aware of this issue, There are considerable differences in understanding and operation. Based on this, I try to labor dispute arbitration and litigation and coordination of the conflict bitterly. First, the labor dispute