Research Into Our Present Labol Dispute From The Angle Of Labol Dispute

At present, academic circles in our country basically take the civil law as a standpoint, hold the critique manner to the present labor dispute processing mechanism. Moreover the research way is unitary. The author decides to do exactly the opposite. By taking the social law as the standpoint, utilizing the ponder form of"type", choosing labor dispute classification as the angle of view , the author draws the conclusion that our present labor dispute processing mechanism manifests the classified processing principle and achieves the goal to rectify names for our present labor dispute processing mechanism.The article is divided into three parts.In the first part, the concept and characteristics of labor dispute have mainly been limited, thus the classified object has been determined, laying the solid foundation for the following parts.In the second part, firstly, the two kinds of principle classifications of labor dispute have been evaluated, namely individual labor dispute and collective labor dispute, right dispute and benefit dispute. And points out that between these two kinds of classifications there are three kinds of overlapping types, namely overlapping type between individual labor dispute and right dispute, overlapping type between collective labor dispute and right dispute, overlapping type between collective labor dispute and benefit dispute. Next, through carrying on the analysis to the correlation stipulations of labor legislation, the author considers that the present labor legislation in our country has constructed three kinds of legal types of labor dispute, namely dispute of fulfilling labor contract, dispute of signing collective contract, dispute of fulfilling collective contract. Finally, the author has discussed the relationship between the principle classification and the legislation classification of labor dispute, and discovered that the three kinds of legal types of labor dispute are originally the three kinds of overlapping types of principle type.In the third part, firstly from the principle classification, the type-requests, demanded by the legal type of labor dispute to the type of labor dispute processing mechanism from the should-be level are indirectly expounded. Secondly, the author analyses the present legislation situation of the present labor dispute processing mechanism from the have-been level, and deems that our labor legislation has constructed three kinds of labor dispute processing mechanism types in view of the three kinds of legal types of labor dispute, namely dispute processing mechanism type of fulfilling labor contract, dispute processing mechanism type of signing collective contract, dispute processing mechanism type of fulfilling collective contract. Thirdly, the author has separately analyzed how the type of labor dispute processing mechanism reflects to the type-requests, and holds that labor legislation in our country has constructed the labor dispute processing mechanism types which adapt with the labor dispute type-requests. Therefore, neither from the legislation angle nor from the principle angle can we deny that our present labor dispute processing mechanism has manifested the classified processing principle.