On Appraised And Perfected Of The Labor Dispute Arbitration In Our Country

Labor dispute arbitration is an important legal system all over the word. In our country, with the reform of employment system, taking labor market as the centre, establishment, modification and release of the labor relation between the employee and the employers is to be vegulated by the free market mechanism. Subject and content concerned to labor relation change, labor relations in different ownership systems develop, and various kinds of methods adjusting labor relation change. These all cause the cases of labor dispute to rise year by year.The statistics show in 2002, the arbitration commissions of labor dispute at all levels have dealt with 184 116 cases, involving 608 398 men and rising by 19.08% compard with those in 2001, So labor dispute and the treatment of it have become an important problem that society pay close attention to more and more.Through the efforts in more than ten years, in china, the arbitrates system of labor dispute already set up tentatively and is playing an important role in dealing with cases. But how the system can not catch up with the development of china. And it is imperative to perfect the system.The content of the thesis is arranged as following. In introduction and chapter one, we analyse the foreign modes of labor dispute arbitration through the contract theory and arbitration system, and evaluate these modes. In chapter two, we mainly investigate the status of the current labor dispute in china. And we draw the characteristic of labor dispute in china. Then in chapter three, we evaluate the current arbitration system of labor dispute in china, and find the conflict between the system and the actual situation in china. In chapter four, from intention and value angle of legislators, we discuss the arbitration system of labor dispute which our country should choose. By consulting and using the methods of foreign arbitration system, we put forward to a new arbitration system, in which the case will be arbitrated only once, and supervision will be strengthened. Finally, I put forward my own view to the scope of application ofarbitration system of labor dispute, arbitration organization, and the period of validity of arbitration.