An Analysis Of Efficiency Of The System Of Industrial Disputes

This article is an attempt to analyzing legal system by using the theory of economics as the basic tool. The author expounds his understanding about the concept of efficiency, and then discusses the concept of efficiency of system, on the basis of which the author analyses the problem of efficiency of the system of industrial disputes. Accordingly, the author proposes his suggestions on how to make our system of industrial disputes perfect.The concept of efficiency of system, as the major perspective of the article, is not the typically quantitative analysis to cost and profit about efficiency, but is an qualitative analysis to the essence of the concept of efficiency of system. At first, the article analyses several concepts of efficiency frequently discussed by economist, and proposes their implications. Then, in terms of core problem——"knowledge problem"——of economics, the author presents his perspective on how to correctly understand the concept of efficiency. On the basis of the analysis to system of institutional economics, the author expounds that the implication of dynamic efficiency of system consist in its peculiarity of adapting to, responding or developing new knowledge and the feature of a system which has dynamic efficiency. Secondly, the article introduces the current condition that the situation of industrial disputes in our country could not make responsible people feel optimistic and what is the reasons that causes the condition, especially the reason in system. Thirdly, the article simply introduces the system of industrial disputes of our country, and analyses that the essence of industrial disputes is a kind of dispute of property right by the way. At the same time, the author discusses the position of the system of industrial disputes in the whole labor law. Fourthly, the author summarizes some defects lies in our country's system of industrial disputes which have been frequently debated by authors, and simply analyses the probable correlations between the current condition of our country's industrial disputes with these defects correspondingly. Then, the author takes advantage of the frame of theory of dynamic efficiency to analyzing these defects and expounds that these defects give expression to the absence of the dynamic efficiency from the different aspects of the system. At last, the author proposes some suggestions to how to ameliorate our country's system of industrial disputes in light of the theory of dynamic efficiency of system.