Reflection And Reconstruction Of Labour Disputes Handling System

Labor disputes handling system is a system formed in the process of handling labor disputes by the various agencies handling the legal status of the relationship between form and organic whole. As the socialist market economic system established, the original state-owned economy in China dominating the world situation is completely broken, and components of the economy, employment, employment means undergone tremendous changes have emerged in the labour market. Era of the planned economy built up the existing labor disputes handling system, and gradually more and more exposed the shortcomings: the legislature being too principle and lagging behind; disputes handling procedures being too lengthy and costly; in conciliation proceedings and arbitration procedures, the "tripartite principle" being lost; the principle of voluntary arbitration being breached by the front arbitration; arbitration and litigation convergence being impeded. These problems have been a major factor in light the misdemeanours of traditional law and culture , workers do not have a strong awareness of the rights, market economy is backwardness, labour legislation is not high technology. Therefore, to reform and improve China's current labor dispute handling system is imperative, we must embrace the concept of "justice and efficiency" of the premise, uphold justice and procedural fairness entities of the unity of the labour disputes in upholding justice priorities; establish a "trial separation Conference, each of the final" two-track system; improve the legal system for labor, revise Code of Civil Procedure" and "civil law" in a labor dispute and special chapters of the proceedings; establish through legislation related labor disputes handling system, and build in line with China's national conditions internal labor dispute prevention and management mechanism, the implementation of mandatory mediation system, Labor public interest litigation system to establish, expand safeguard legitimate rights and interests of laborers channels, "the tripartite principle," in the implementation process of labor disputes and building of China's judicial system in line with the status quo. it can implement the "three principles" of the "special independent of the non-trial " to improve the quality of the labor dispute handling personnel.