Discussion On Processing System Of China's Labor Dispute

The processing system of labor dispute is an important part of labor law, is also the basic system about solution ways and procedure of labor dispute. Along with the depth of our country reform and open policy and unceasing perfect of market economy, because of the benefit difference that causing the labor dispute phenomenon are getting more and more.Our country processing system of present labor dispute uses labor administrative department playing the arbitration role, and forms triad-processing system of labor dispute, which are relatively independent, and mutually linking. But, labor dispute case has not actually had an effect after the arbitration, and case quantity of court has not obviously reduced for the establishment of preposed procedure. The defect of present labor dispute processing system exposes gradually in practice. Therefore, it is necessary to reconstruct our country labor dispute processing system. The author believes that the procedure justice and efficiency is two value orientations in constructing new system of our country labor dispute. General trend indicates that from "entity just" to "procedure just". The core request of procedure just is: Those whose benefits will be directly influenced by the decision result should fully and meaningfully participate in the judging process, so exerts the effective influence to the decision result formation. During the new labor dispute processing system pursuing and achieving procedure just, it should take the efficiency as the value orientation.This thesis carries on some legal thought and puts forward corresponding proposals on how to develop and consummate our country's labor dispute processing system, and how to safeguard legitimate rights and interests of the labor dispute both litigants under the guide of judicature fair, efficiency and lawsuit economy and so on. The thesis first defines the labor dispute concept, and introduces basic situations of present labor dispute processing system, the processing organization, and the legal basis in our country and so on. Next, it analyzes the various existing questions in the current labor dispute processing system. And determines the value goals to reform our country labor dispute processing system on this foundation. Finally, this thesis puts forward the reform proposals on our country labor dispute processing pattern and so on.