Research About Labor Dispute Handling System In Our Country

The labor dispute handling system in a country is prone to mark whether the labor legislation of the country is perfect or not. With the deep development of reform and the completion of market economy in china, the new benefit structure gradually formed. Because of the benefit difference, more and more labor dispute appeared. The labor dispute becomes more diversified and complicated than ever. The diversity of the dispute subject, the wide range of the dispute contents, even the ever increasing value of the dispute, from which we can see great changes. But on the other hand, there are some shortcomings for the current labor dispute handling system, which can not handle labor dispute effectively and timely, especially for the legal rights of the labors at the disadvantage position. It is a pressing job for us to study the trend of the labor relations and analyze the problems existing in the system of solving labor disputes and adjusting or reforming the system.Except the preface in the article, the article includes four sections. In the first section of the article, based on the concept of the labor dispute, the author gives the definition of the labor dispute and divides the labor dispute into different parts according to different standards. In the second section of the article, the author introduces the current labor dispute handling system in our country and makes his comments, meanwhile he pointed out the shortcomings in our system and discussed the necessity and importance of the reform for the system. In the third section of the article, the author collects the different reform plans advanced by scholars, introduces five kinds of adjudication system design plans and their inspiration for our country. In the fourth section of the article, the author points out the factor we should consider during the process of reconstructing our labor dispute handling system on the basis of introducing foreign successful experiences the author also makes a bold idea on our labor dispute handling system and suggests that the arbitration should be cancelled and the original labor dispute arbitration committee be transformed as labor dispute conciliation body, conciliation be as pre-procedure for labor dispute lawsuit, reform present labor dispute judicial body, establish labor court inside the people's court. The author also analyzes some perfect systems forming a complete set with our labor dispute handling system."The vitality of the law lies in experience and the role played by the law in the society". Any lawful systems must be tested by real life. The aim of the author writing the article is to do what he can do in order to perfect our labor dispute handling program and lawful system, and to establish reasonable and just labor dispute relief program.