Study On The Construction Of The Tripartite Mechanism In Our Country's Labor Dispute Arbitration System

The labor dispute is one kind of social dispute shape which is independent from the civil dispute. Labor relations originally belonged to the adjustment of civil law, because of its particular nature that is called "the equality on the surface is not equal in the essence", under the adjustment of private law's principle of autonomy, labor relations was tight and anxious, and conflict and the resistance appeared repeatedly. In the conflict, both sides moved towards the track of organization gradually. Along with the understanding to labor relations deepening, and the progress of democratic political and the human rights idea, the state power started to intervene the labor domain, the labor relations is independent from the civil law.The labor relations is the social basic economy relations and social relations, not only relates the both parties' benefit, but also relates the society' benefit. The harmony of labor relations relates the entire society' harmony and development progress. To smooth the labor relations needs to respect both sides' benefit, so to establish a bilateral effective exchange cooperation mechanism, and promote the cooperation of work and the capital is required. Under International Labor Organization's impetus, the tripartite mechanism arises at the historic moment. The labor dispute arbitration system is the important constituent of labor dispute processing system, should carry though the tripartite mechanism. At present our country's labor dispute arbitration system has many flaws in the tripartite mechanism construction aspect, as follows:First, labor dispute arbitration committee' administrative color is too thick, the independence is insufficient. The present labor dispute arbitration committee is established in the labor administrative department, its administrative body is also the organization of labor dispute built in the government's work administrative department. Therefore it is not a reality organization, not having the special personnel and funds. To strengthen the tripartite mechanism construction, must establish the independence of labor dispute arbitration committee in the organization. Withal, the legislation should be perfected, explicating the law status of labor dispute arbitration committee, enhance its independence.Next, tripartite' responsibility in the procedure of handling a case is not clear, union delegate and the association of enterprise representative's function is not effective. Therefore, establishing work routine which each part of the tripartite can participate positively is the important content of the tripartite mechanism construction. According to labor dispute's characteristic in our country, that is the proportion of worker's rights and interests being violated is oversized, therefore strengthens union delegate and the maintenance work rights and interests basic function emphatically is especially important. So the suggestion are as follows: to establish trade union's workers appealed the agent system, to change former condition of worker asking to sue with non-gate; To establish trade union's daily legal support system, to strengthen the worker law knowledge staff member and the help; To establish sending out the concurrent job arbitrator system by the trade union side and the association of enterprise side; to establish arbitrator's training system of examining and assessment, improves arbitrator's legal quality. To establish tripartite regarding the arbitration surveillance system, supervises arbitrator's activity, the procedure and the result which the surveillance handles a case, enhances the arbitration the quality.The tripartite mechanism is the market economy country coordination labor relations cardinal principle and the success experience. Consummates the tripartite mechanism unceasingly in the labor dispute arbitration construction, discusses the new realization way, can enhance unceasingly the authority and the fairness, enables the labor dispute arbitration system to play the major role in labor dispute processing.