Research On The Improvement Of The Labor Dispute Arbitration System

Labor arbitration system is the vital link of labor dispute process, which is the important part of labor dispute mechanism. Since the restore of labor arbitration system of our country in the 80s last century, it already developed further for nearly 20 years. Following the deepening of the market economy system revolution in China, the labor arbitration system which is set up in early 90s last century has appear to be flawed. Every system has to go through a process from initial stage to maturity, our labor arbitration system does so as well, and the request of revolution of labor arbitration system is progressively rising. Standing Committee of the National People's Congress approved "law of labor arbitration system of People's republic of China" on 29th Dec 2008 and formally implement on 1st May 2008. The occurrence of labor arbitration is based on the parties engage in labor relationships, it occurs between the parties engaged in the labor relationships. Arbitration and litigation all have advantages in solving labor dispute; they are broadly used by all countries around the world. Every country has different law tradition and distinct characteristics of industry development, the regulations of arbitration and justice and their relationships are different, in recent years, we follow labor arbitration as principle and justice as supplementary, labor arbitration constitutes the formation of "minority of disputes are end by one verdict, the majority disputes follow the rule of one verdict with two trial". Follow this method, the parties of labor dispute cannot choose solving mechanism, the parties of labor dispute must arbitrate firstly and begin to litigate afterwards. This article focus on the demonstration and comparison of advanced foreign labor arbitration system; to suggest the revolution plan of setting up the labor arbitration institution follow today's laws and document; to bring forward the suggestions of perfection for the mechanism of the three parties.There are four parts in this article. The first part focuses on the broad description of labor dispute arbitration system. By clarifying the definition of labor dispute, we can solve the different labor dispute with distinct characteristics, in this way, to derive the definition and explanation of labor arbitration. The labor arbitration system can work efficiently for our people under the ethic of equality, fairness, efficiency. The second part describes the rule and construction of foreign labor arbitration system and its inspiration for the construction of relative law and system in China. The third part brings forward many problems of arbitration laws and flaws of arbitration system in reality in China. The fourth part bring forward the innovative suggestions to the above disadvantages, we have more descriptions on the arbitration system revolution and system design especially.