The Study About Resolving System Of Labour Disputes In China

Since the labor dispute settlement system has been resumed in 1987 China has established a settlement system,in which mediation, arbitration and litigation are interacted to be an "a mediation, an arbitration and two litigations" settlement system. This system has played an important role in settling labor disputes in due course,promoting economic development and maintaining labors' legitimate right. However, because of the deepening economic reforms in China, the increasing social legal consciousness, and the dramatic change of the labor relationship, the existing problems of the nowadays labor dispute settlement system are becoming more and more protrusive. In China, the number of labor disputes is increasing ceaselessly, the various aspects of the disputes are also expanding. As a result, the conflict between the labor and the capital has become the main conflict affecting the social economic development. To face up to this reality, the labor dispute settlement system should be reformed to settle the related cases duly and justly and relief the labors' labor timely. the labor dispute settlement system of China, this After again paper surveying concludes that the current labor dispute settlement system contradicts the inner requirement of settling labor dispute cases which requires a multilayered settlement. This system has many limitations and conflicts with the reality. Objectively speaking, the limitations of the system are obvious, and filling up the limitations or amending this system is essential. Thus, based on the actual situation of our nation and the value pursuit of labor dispute settlement, and using for references to the trend of manifold and multi-track settlement modes of international labor dispute settlement, this paper sets forth a new model to settle labor disputes. In pursuit of promoting the reform and consummating of the labor dispute settlement system in our nation, the main suggestion is to establish a new model of labor dispute settlement in which the mediate system is added to "detach arbitration from litigation and result in separate endings".This paper is organized as following four parts. The first chapter instructs the relevant conception of settlement of the labor dispute and analyzes its classify of development. Firstly it sums up the conception of labor dispute, including broad sense and narrow sense. The broad sense means"all the dissension because the labor relationship between laborer and employing companies". In the other side the narrow sense means"the dispute because of the difference on labor rights and labor obligation between laborer and employing companies". This text is about the narrow sense which has been brought into labor dispute settlement system. And it sums us the characters of labor dispute, which including main body's specification, the dualism between main bodies, sociality and technicality with law applications, so it is a social dissension that is different from the civil one and the executive one. At last it discusses the classification of labor dispute settlement system.The second chapter disposing institute and legislative authority of current labor disputes disposal system in our country. Firstly it presents the basic information about labor dispute settlement system. At present, we have established labor dispute settlement system, in which dispute is interceded by Enterprises Investigation committee, arbitrated by Arbitration Committee, and judged by People Court. It forms a Labor dispute settlement organization web by the base of 290 thousands of Enterprise Labor Dispute Meditation Committee and backbone of 2900 Labor Dispute Arbitration Committee. The institutions which have the rights to handle labor dispute includes Enterprise Labor Dispute Meditation Committee, Labor Dispute Arbitration Committee and the People Court. Secondly, it analyzed the problems existed in all aspects of our labor disputes disposal system from the perspective of comparative law. The disfigurement in settlement institution mainly include: the establishment of Enterprise Labor Dispute Meditation Committee is not compelling in law, and is not universal in reality; the justness and neutrality is challenged in mediation and contradiction exists in the reality in Labor Union's job; the arbitration's independent position is not specific, and the institution is not perfect; the arbitration institute overload its job flow, staffers need to improve their abilities; the way of judge is not fit for the settlement of dispute; Civil Judgment Court's functions is not complete enough. For labor dispute settlement procedure the arbitration ahead weakens the efficiency, and limit party's right, and force the arbitration breach party's willing; labor arbitration lack harmony with lawsuit.The third part introduces and analyses the legislation status and operation patterns of the labor dispute settlement systems in Australia, Germany, the United States and Norway to give us some reference. Firstly labor dispute is different with other dissension in settlement institution. Because labor dispute is special and complicated , if make it same with other disputes to submit to law court settling with lawsuit procedure, it will cause many dispute cases overstock and impact on production and labor's life, and it will also sharpen the contradiction, and break the stabilization of the society. Secondly it should have multiple solving ways of labor dispute according to the situation of the country. Thirdly labor dispute carry out"the third party principle". Fourthly, forcing principle and free will principle should exist together in the labor dispute arbitration system. Fifthly, the dispute should be divided into rights dispute and benefit dispute, and the different one should adapt for different settlement procedure.The forth chapter brings up the ideas and suggestions of reforming and developing a new system of settlement of the labor dispute in China particularly. The mediation system makes mediation the prepositive procedure; solve the false grass roots mediation, and make the society open to the labor dispute enterprises'internal mediation; establish . In arbitration system to build labor dispute arbitration institution will be firstly pushed, to perfect the arbitration system further to a real labor dispute arbitration system with tree parties; tell form labor arbitration function and labor supervise function. At last in the establishment of labor justice institution, penman thinks that"non-independently special judgment"can fit the development and trend of our country's circumstance better.