Research Of Labor Law, Justice And Social Harmony From A Pratical Point Of View

Since the reforming and opening of China, the fact that we have made tremendous achievements in the development of the socioeconomic presents a sharp contrast to the upward tendency of the numbers of labor disputes, particularly after the " about hearing labor dispute case applicable law the explanation of a certain number of problems II " regulation and The Labor Law of the People's Republic of China are proclaimed. The phenomenon of industrial relations in our country is very serious. To some extent, it is harmful to the progress of society and hinders and has become a potential threat to the social stability.Because of the many factors such as litigation risk, the costs of proceedings and trust crisis, there has been a progressive increase in the the numbers of labor dispute cases. At the same time, however, the enterprises rather unwilling to go to law against workers. Several factors may account for this. The reasons that the particularity of the system of handling labor disputes and the incompleteness and the delaying of laws caused the different apply to everyone in labor dispute. The contradictions between legislative and judicial will have an unfavorable impact on social stability and economic development. The apply of concrete cases in the light of judicial practice will make legislation affirmed and selective applied when necessary. Such judicature is not an affront to legislation ,but rather which is based on its own function real judicial situation of our country and centuries-old case law system tradition, and so on. Therefore, Based on the Survey of labor legislations, the judicial practices ,these questions are discussed preliminarily in this article ,and defaults in the legislation and in the judicial practice are pointed out ,and you also can see the suggestions on the labor legislation and the judiciary.