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From The Relationship Between Arbitration And Judicial Decision To Se How To Perfect The Labor Dispute Resolution Process

Posted on:2005-10-07Degree:MasterType:Thesis
Country:ChinaCandidate:X DingFull Text:PDF
GTID:2156360152470840Subject:Law
Abstract/Summary:PDF Full Text Request
The employment institution in China has profoundly changed, in the meantime, labor dispute have gradually become into an obvious social contradiction with further development of social market economic system reform and gradual formation of multiplex ownership economic framework. Therefore building up a set of perfect, scientific, fair and reasonable labor dispute resolution system will be of significant importance to the relief of social contradiction and the safeguarding of social stability. The relationship between arbitration and judgment of labor disputes in the present labor dispute resolution system is researched as the starting point of this paper. The main problems in the arbitration and judgment system, especially the connection of arbitration and judgment have also been seriously considered and analyzed. After analysis, I believe that one of the major reasons for the current problems in the labor dispute resolution system is the fact that judicial bodies do not sufficiently consider the decisions issued by arbitration proceedings. Starting from the point of view of the departments that issue the judicial decisions, I soberly believe consider the foundation of the arbitration-judicial system. I then put forward a set of proposals that take as the heart the courts recognition of the arbitration decisions, legal standing. These proposals are not only feasible but also will resolve some of the problems in the current system. The necessity and reality of these proposals have also been analyzed seriously in order that they will be beneficial to the labor dispute resolution system and ask for more opinions from you all at the same time. The whole paper has been divided into seven sectors.The first part introduces the history and present basic structure of the labor dispute resolution system so that we can fully and clearly grasp the outline of the labor dispute resolution system in China.In the second part, I point out problems of the present labor dispute resolution system in our country with regard to three aspects "Dummy Establishment of Tri-Party " rule, arbitration system and the separation of arbitration and judicial decision in the way of practical investigation and the theoretic analysis.The third part has analyzed the reason of why there exist the problems in the relationship of arbitration and judicial decision and put forward the problems in the current labor dispute resolution system at the macro, middle and micro level with regard to the nature of labor dispute, systematization of labor dispute resolution system and the connection between arbitration and judicial decision.The fourth part briefly analyzes legislation and operating mode of labor dispute resolution system in U.K, France, America, German and Taipei from the angel of comparative law in order that we can learn something important from such countries.In the fifth part, I discuss the juristic basis of the perfection of labor dispute resolution system in respect of the following four areas: protection of legitimate rights of workers. Protecting and developing stable and harmonious labor relation. Civil categorized resolution and timely resolution rule.In the sixth part, I comment social opinions of people from all walks of life on the reform of labor dispute resolution system and basing on that I review the existence value of "First Arbitration and Second Judicial Decision" mode and propose detailed idea on how to perfect current labor dispute resolution system.The last part once again I state the importance of perfecting labor dispute resolution system.
Keywords/Search Tags:Labor Dispute Resolution System, the Relationship between, Arbitration and Judicial Decision Perfection
PDF Full Text Request
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