Sdudy On The Mechanism Of Labor Dispute Settlement In China

Along with constant development of market economy, for the effect of social and economic elements such as labor relations show the development trend of increasingly complicated and changeful, the number of labor dispute cases related appeared rise sharply in recent years, greatly hindered the growth of the enterprise and the stability of the society.The so-called labor dispute, said general perspective, is unit of choose and employ persons and laborer due to all the disputes in the labor relationship; Said special perspective, is unit of choose and employ persons and laborer due to labor disputes at the different understanding of the rights and obligations. This kind of dispute with ordinary civil disputes exist difference, has its own characteristics. China, "a time too limitations" currently used in both system design and programming has numerous ills, not only goes against the labor dispute processing in time this basic principle, legislation to protect legitimate rights and interests of the workers also runs counter to the goal. Precisely because of this reason, in terms of legal theory perspective, establish labor dispute processing system in the future not only need to balance the justice and efficiency, should also be legislation goal is consistent with the current labor law, also is to protect the legitimate rights and interests of workers.In this paper, through literature research, systems analysis, qualitative analysis, comparative analysis and so on four kinds of methods, according to the "reflection on the status quo and questions", "revealed rule and build theory", "to explore the method and problem solving" the logic of thinking, first summarized the Chinese and foreign labor dispute settlement mechanism of related theories, comparative study the Chinese labor dispute settlement mechanism of the lack of theoretical research. In the labor dispute settlement mechanism about about China based on the principle of, detailed discusses the Chinese labor dispute resolution mechanism related concepts, basic issues and theoretical support; In the Chinese labor dispute resolution mechanism, classification, choose a distinction between the vertical and horizontal directions; Development in the Chinese labor dispute resolution mechanism, divided into four stages for the birth of our country labor dispute settlement mechanism, formation, reform and development are expounded, and the development of our country labor dispute settlement mechanism has carried on the detailed characteristics and development experience; In part on the current situation of our country labor dispute settlement mechanism, from two aspects of the overall situation and the specific situation of our country labor dispute settlement mechanism has carried on the evaluation and analysis, put forward the real main defects and analyzes the deep reasons of the existence of; Relevant countermeasures on our country labor dispute settlement mechanism, gives the concept of perfecting China’s labor dispute settlement mechanism, path selection, etc., at the same time, planning out the basic requirements, to our country labor dispute settlement mechanism of the whole perfect system design, and detailed the countermeasures.