Study On The Economic Analysis Of Labor Dispute

Along with the establishment and development of the socialist market economy system, the labor dispute increases day by day. How to prevent and handle labor dispute has become more and more important, because the coordinate stable work relations can guarantee the socialist economy construction smoothly and the society stable.Differing from the traditional research method of legal theory, the economic analysis of labor dispute has its unique visual angle and meaning. How to use the economic concept and method to analyze the labor dispute is still a blank in China. This article analyzes the labor dispute by Economics of Law, therefore draws the conclusion, that is, the establishment of labor dispute prevention has its own necessity. Then the article proposes the tentative plan about the labor dispute system and expects providing constructive opinions for law revision of the labor dispute.Besides the preface and conclusion, this paper is divided into 3 parts:On the basis of defining the concept of the labor dispute, the first part of this paper clarifies the main reason and the traditional analysis method about the labor dispute. Secondly, this part introduces the analysis method and elementary theory of law economic, and negative effect about economics of law has also been introduced. Finally, this part points out the significance and object of the article.The second part limits the concept of labor dispute prevention firstly. Then the Economic analysis of Labor dispute prevention is carried on. Thus the conclusion is drawn: The labor dispute prevention may reduce the cost of enforcement and judicature, and which can benefit the litigants and the society. The cooperation of the employer, the employee, the governmental organization and other organization has the vital significance to the labor dispute prevention.The third part firstly aims at basic situation about the current labor dispute and points out the malpractice in our country, and carries on the law economic analysis to the labor dispute processing. Then, this part presents evidential burden and the economic analysis of law. Finally, based on the labor dispute of the western country, this part proposes tentative plan of the perfect labor dispute processing: Establishing selective solution mechanism of labor dispute; establishing of unite application of law system about labor dispute; establishing special evidential burden system.