The Reform Of The Labor Disputes Settlement In China

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.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, thelabor dispute settlement system should be reformed to settle the related cases duly and justly and relief the labors' labor timely.After surveying again the labor dispute settlement system of China,this paper 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 three parts:The first part sets out the definition and characteristic of labor dispute,it analyses the framework,historic value and existent limitations of current system in our country.From the perspective of comparative law,the second 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.The third part discusses the principles on which to establish the new labor dispute settlement system,on the basis of internal various viewpoints introduction and academic analysis about reforming the relationship between arbitration and litigation of labor dispute,it suggests the concrete assumptions about how to construct the China new labor dispute settlement system..This article based on the general principles of Civil Law,through he angle of the current situation of China's industrial disputes settlement system,emphasizes on analysing the deficiency of this system,points out the substantial and procedural problems of the trial system,and provides some suggestions about the jurisdiction over the case,application of laws and setting up independent arbitral organs,as well as the reform thoughts in the system setting the industrial disputes.