The Law Study On The Labor Dispute Resolution In China

Since the labor dispute resolution has been resumed in 1987, China has established an"a mediation, an arbitration and two litigations"settlement system, which has played a role in solving labor dispute in time and protecting labors'legal rights. However, along with the developing of market economy, the number of labor disputes is increasing largely and the labor relation is becoming more and more complicated. Thus the disadvantages of the old labor dispute resolution have been increasingly prominent, obviously not meeting the current needs. In this respect, the"PRC Labor Dispute Mediation and Arbitration Law"was promulgated in December 29, 2007, which improves the existing labor dispute resolution. Because of inadequate reform there are still many problems in labor dispute resolution. Besides, the"Labor Contract Law"has given more substantive and procedural rights to labor, leading to an increase of labor dispute cases and the change of the composition ratio of cases, which has brought a new challenge to the labor dispute resolution. In consideration of these reasons, the further improvement in the current labor dispute resolution is urgently needed. Against the drawbacks of the new labor dispute resolution, combining the experience of foreign countries and the condition of china, this paper offers some proposals to reform the labor dispute resolution.This paper is organized as following four parts:The first part reviews the history of the labor dispute resolution in China, and analyses how"Labor Dispute Mediation and Arbitration Law"improve the old labor dispute system. Based on the above discussion, it will show us the clear picture of the limitations of the current system. Given the comparative law, the second part does research of the foreign labor dispute solution.It is divided into four types, including set-up of specialized judicial intuitions, the donation role of third-party mediation and arbitration, civil action as the main lawsuit method, and twice arbitration to make final judge. This part analyses every type in common, as a reference to our China.The third part is based on the domestic innovation in theory and practice. From the theory perspective, it introduces and analyses Chinese scholars'viewpoints about reforming the relationship between arbitration and litigation of labor dispute resolution. On the other hand, it introduces innovation in mediation and arbitration practice of labor dispute resolution and analyses why it can achieved.The fourth part makes some detailed assumptions about how to further reform the China labor dispute resolution from four perspectives, that is improving consultation and mediation, setting up the relationship between arbitration and litigation of"detach arbitration from litigation and result in separate endings", improving lawsuit procedure of arbitration and litigation.