Digestion And Re-constructing For Settlement Of Labor Disputes In China

Labor dispute settlement system is the important stuff in the labor law, and it is the basic system that provides method and process to settle the labor dispute. Though analyzing labor dispute settlement system currently in effect in our country, and at the same time referring the successful legislative experience of developed west countries, this thesis tries to review the disadvantages of current labor dispute settlement system, and find out a kind of system that is suitable to the situation of China and can settle the labor dispute in time. This thesis is divided into three parts.The first part is about actualities of labor dispute settlement system in China. The writer is engaged in the definition of labor dispute, induces the history of labor dispute settlement system. From setting up the People's Republic of China, as the innovation of political system, labor dispute settlement system in China changed many times and find one road that suitable fairly to our development of economy. The thesis gives deep analysis to the current dispute settlement system in our country and concerns that our labor dispute settlement system is 'one mediation one arbitration and two trials'. After happen of labor dispute, one part can apply for mediation; if mediation can't resolve the dispute, one part can ask for arbitration. Maybe one part can direct ask for arbitration and not for mediation. If one part isn't agreed with the consequence under the arbitration, he can apply to trail.The second part is about all kinds of labor dispute settlement system in many other countries and the experience they give us. Labor dispute had ever been the most serious question, western countries made a mature and complete set of system while they were solving this kind of problems. According to the types of settling the labor dispute, it can be divided into three sectors of private, judicial power and administration. Because the complication of labor disputes, many settlement systems in these countries are complex. They set up labor dispute mediation committee, arbitral agency and judicial office. They have differences about the procedure of labor dispute. A successful experience in western countries is helpful to our country, we should use their good points to construct and improve labor dispute settlement system in China.The third part is about analyzing the difficulties of labor dispute settlement system in our country under the thinking of current system and reviewing of the labor dispute settlement system in other countries. Our current labor dispute settlement system can not be suitable to the need of current settlement of labor dispute system because its period of settling the labor dispute is long in actual situation, giving heavy burden to litigant; the function of labor dispute mediation committee is limited, arbitrational system is not complete, tripartite principle exists in name only, there is no relevant evidence system, arbitration and litigation are difficult to link up and so on. The reasons that causing this situation are following: law-labor law system is not perfect and legal norm is not consistent. Especially in the changing time of society, political and economical system has great influence in perfecting labor law, restricting its improvement. The theoretical field in our country do not pay much attention to the theory of labor law, what lead to rough labor legislative technique and contradiction between normative documents. The labor supervision and inspection during enforcing the labor law has not been set up, therefore it is difficult to find illegal activities in labor practice and then inhibit them in time only depending on inspection for law enforcement and discipline observation of government once or twice every year; the reason of system of politics and economy. As the influence of politics, the labor relation is not only a social question but also a political question. At the same time, the happening of political reform is under the economy reform, the labor relation is linked to the essence of eco...