Font Size: a A A

Mode Selection Of Labor Dispute Disposal System Of China

Posted on:2006-03-15Degree:MasterType:Thesis
Country:ChinaCandidate:B FengFull Text:PDF
GTID:2166360155961953Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Labor rights, as well as other fundamental rights of the Constitution, need to be guaranteed by judiciary. The perfection of labor disputes disposal system is a symbol of the completeness of labor legislation in a country. However, the domestic labor legislation is often in close connection with actual requirement of labor disputes disposal. At the beginning of reform, our labor legislation was emphasized on the adjustment of internal labor relations in state-owned enterprises under the influence of conventional economic system. Subsequently, the labor disputes disposal was emphasized on state-owned enterprises. With the establishment and development of socialist market economy and the enhancement of people's sense of legal system, labor disputes show unheard-of diversity and complexity. All have been changing significantly including the main body, contents and subject matter of disputes. Therefore current labor disputes disposal system shows more and more disadvantages and shortages at the aspect of prescribing lawful rights and interests, esp. to laborers who are in adverse status. Hence, it becomes inevitable to improve and reconstruct the current labor disputes disposal system.Based on legislative justness, impartiality, efficiency and lawsuit economy, the dissertation showed some proposals for how to develop and improve our labor dispute disposal system and how to safeguard the lawful rights and interests of the two parties. Firstly, it explicated the definition of labor disputes and introduced the background, disposing institute and legislative authority of current labor disputes disposal system in our country. Secondly, it analyzed the problems existed in all aspects of our labor disputes disposal system. Accordingly, it defined the value objective of our labor disputes disposal system, i.e. the harmony of legislative justness and efficiency, and the lawsuit economy. Lastly, it showed some proposals for the reform of mediation, arbitration and judgment in our labor disputes disposal system. On the premise of "separation of arbitral and judgment and ending separately", some proposals were put forward, such as solving the question of grassroots mediation's immaterial, accelerating the substantiation of arbitration's institute and selecting the legislative institute that is "special and exclusive judgment non-independently " in the judicial body.
Keywords/Search Tags:Labor dispute, Mediation, Arbitration, Litigation
PDF Full Text Request
Related items