Our Study Of Labor Dispute Mediation System

With the rapid development of economy, labor system has undergone major changes. The amount of labor dispute has continued to. rise. In the case of dispute settlement mediation is growing. Labor dispute mediation system as the prevention and settlement of labor disputes in China's "first line of defense", is hailed as unique in the West "Oriental Experience". To prevent conflicts, reduce lawsuits occurred and to maintain and develop harmonious and stable employment relationships have very important significance.The law of labor dispute mediation has made significant innovation:to. expand the subject of labor dispute mediation, to change the past by enterprise of labor dispute mediation committee of a single aspect. At the same time, the problem in the conciliation agreement can be regarded as a valid contract both sides. The parties are binding. Although in certain degree the law offset the defects of the system of labor dispute mediation, it did not fundamentally resolve law of labor dispute mediation in the problems existing in the system. "The principle of mediation " has strong moral attribute, and is lack of specific principles. There are some defects and shortcomings in the setting of labor dispute mediation organization. Some obstacles can exist in the running. In addition, the effect of labor dispute mediation agreement has conditional compulsory execution on the part of the case, but it is difficult to achieve the effect that should be paid to the civil procedural law of the debts of the debtor urged simple system which is introduced. The system of labor dispute mediation in actual use effect is not obvious. For the shortage of labor dispute mediation system studied, the system can provide certain guidance of improvement.Mediation and arbitration emphasize solution of labor dispute mediation. As the conciliators separate arbitration law of labor dispute mediation, it is emphasized the ways of solving labor dispute mediation of importance. About of labor dispute mediation system of further research are in progress. Such as, the neutrality of mediation organization and the principle of tripartite of labor dispute mediation and arbitration in the problem, etc. Many scholars put forward different views. I put the perfect project based on the basis of labor dispute mediation system:firstly, the principles should be implementated. Mediation organization should be divided between permissions, and avoid mutual shuffle; in a certain extent, the charge standard of mediation expenses shoud be normde. Secondly, the organization of labor dispute mediation need to be advanced. Enterprise,of labor dispute mediation organization should embody the principle of tripartite, ensuring its neutrality and impartiality. Improving. grassroots people's mediation organization and street mediation organization, make it play a bigger role. We should continuously improve quality of mediators.Finally, the labor dispute mediation agreement should be strengthened. Explicit regulations of labor dispute mediation agreement is civil contract, and perfecting the payment in the conciliation agreement. For the development of labor dispute mediation system,I put forward the corresponding suggestions through the analysis.The innovations are:firstly, to straighten out the mediation and arbitration of cohesive relationship. In reality, as a kind of choice procedure mediation, due to imperfect system, it is easy to be ignore.; secondly, to improve legislation and system construction and to make it play a bigger role.; finally, to play Full Payment System in the advantage of labor dispute mediation system.With the development of related theoretical mechanism and laws,labor dispute mediation system as the solution of a labor dispute will be plays more and more important role in labor dispute settlement system. We should maintain harmonious labor relations, because harmonious labor relations are an important part of the harmonious society.