The Study Of Labor Dispute Settlement System Of China

The current labor dispute settlement system once played a positive role in adjusting the working relationship and safeguarding the lawful rights and interests of the laborer and employing unit in our country. However, with the deepening of the reform and quickening of the establishment of socialist market economy, the working relationship has become complicated day by day, and there appeared a lot of new characteristics of labor dispute thereupon. The current system can't meet the demands of reality, and a great deal of drawbacks has appeared. In 2007, the lawmaking concerning labor dispute settlement has already come into the lawmaking plan of NPC. Therefore, it needs to be perfected badly.Except the preface and the conclusion, this article includes four parts.: In the first part of this article; the author analyzes some basic concept of labor dispute such as the definition, the category and so on. The author thinks it can divide into the collective dispute and the individual dispute, or the right dispute and the benefit dispute. Then the author analyzes the causes of labor dispute and the characters of the labor dispute at present in our country. The second part of this article is about the labor dispute settlement system in our country and its characters; and this article then evaluated our system and point out its deficiencies. The third part is about the systems of some overseas countries such as America,Japan and Germany and the experience they give us. The fourth part analyzes some representative theories about labor dispute settlement system in our country and gives some advice to perfect labor dispute settlement system in China.The main viewpoint of this paper is this: on the premise of current "once arbitration and twice judgments", consolidate "the first line of defense" function of intercession, definitude and fulfill arbitration's core function in the labor dispute settlement; to improve the specialization level of labor dispute settlement of the court suggest setting up labor courtroom; through strengthening the construction of labor union and employer organization , perfecting the collective negotiating system to fulfill "three side system".