The Reform And Improvement Of The Labor Disputes Settlement System In China

Settlement of labor dispute is an important measure to the legal adjustment of the labor relation. The fair, just, rapid and effective settlement of labor dispute can stabilize the labor relation and promote the development of economy and the harmony of the society. This article analyzes the temporary settlement system of labor dispute with a method of analysis and comparison and concludes that the conflict between arbitration and trial wearing down the litigant rights and interests of the parties together with dissimilation of the system brought by legislation results in loss of the rationality of existence of our country's temporary system which is urgently needed to be reformed and improved. The author bring forward that the reform of system should take Benefit Be Preference and Insure Justice as the basic value orientation. The classification system of the settlement of labor dispute should be established to form the multiple system of settlement of disputes on rights according to the principle of Reconciliation Voluntarily, Mediation In Advance, Arbitration or Trial, Joint of Arbitration And Trial which can be used to reform the temporary system.