Problems In The Working Dispute Solving System And Solutions To Them

With the deepening of the changes in the market economy structure and reforms in the working system, disputes between the two parties involved in employment, concerning rights and duties in working, have increased greatly. Therefore, the present working dispute solving system can not meet, and even lag far behind the needs of development in market economy and has given birth to many problems, such as long time procedures, high cost and difficulty in protecting employers' legal rights. The author is a judge specialized in civil law and has judged many cases of working disputes and thus, has a thorough understanding of problems in the working dispute solving system and the urgency of an improved one. Through reflections on the present working dispute solving system in China and comparisons between that and the system of other market economy countries, the thesis attempts to make suggestions on the construction of a working dispute solving system, which is appropriate to the practical situations of China, the laws of market economy and also meets the international standard.The thesis comprises four parts. The first one gives a brief introduction of the present working dispute solving system and helps the reader get some objective knowledge of its history and its present condition; the second one compares the working dispute solving systems of China and other countries in the respects of reconciliation, arbitration and the way of dealing with law suit, in the hope of extracting lessons for the improving of the system in China; the third part makes analysis of the present condition of the system and problems exposed, which are the key to reforms and improvement, and attempts to discover roots of them through exploring of the working dispute solving system, institutes and legislative problems; the fourth one, with regard to the merits and demerits of the system, proposes a feasible blueprint for the system's reform and improvement.