Law Study On The Labor Dispute Settling System In China

This thesis intends to discuss the revolution of Chinese labor dispute settling system. Now, if a labor dispute takes place, the party involved should go to the labor dispute arbitration committee for arbitration at first. When one party in a labor dispute is not satisfied with the adjudication, he may bring a lawsuit to a people's court. And mediation is not a mandatory procedure. This system has once been praised for that many labor disputes were settled quickly and that the economic development and labor's right has been protected. With a large number of labor disputes taking place, it is doubted by many people.The author analyses and researches the labor dispute settling system adopted now. There are some typical problems of this system. The first problem is that Three Parties Principle (TPP) has never been adopted properly for settling labor disputes. The employing entity and staff and workers lose their sound, but the government plays a leading role in a procedure. The second problem is that the labor dispute settling procedure has been controlled by the government at most. It causes many questions in the arbitration which is the major way to handle of labor disputes. The third one is the conflicts between arbitration and lawsuit, including arbitration not connecting lawsuit, lawsuit denying arbitration and wasting judicial resources. It is not the real hopes of this system.Because there are so many problems due to the system, scholars give some opinions to deal with them, such as once arbitration and trial, arbitration without trial, trial without arbitration and arbitration or trial settling separately. The author regards...