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Improve Research Labor Dispute Settlement Mechanism In Contemporary China

Posted on:2009-11-05Degree:MasterType:Thesis
Country:ChinaCandidate:T T ZhangFull Text:PDF
GTID:2166360272957811Subject:Legal theory
Abstract/Summary:
Socialist country ruled by law require people-oriented, based on the rule of law, building and the promotion of social life in all areas of the law, through the system to protect the interests of all members of society, through a series of mechanisms to coordinate various relationships, prevention, control, Coordinate and resolve various social conflicts and disputes, and promote the healthy and harmonious social relations for the formation and development.In the era of drastic changes, constant social progress and development, have all kinds of contradictions, collision, a growing number of social conflicts emerged. And other social conflicts, labor disputes, conflicts of interest is conflict, confrontation and collision. Both employers and employees in order to safeguard and protect their own interests, formed a keen interest in the game, resorting to various means to fight for the maximization of self-interest, the resulting multi-level labor dispute, the formation of a labour conflict.Labour conflict surface is an economic issue, but in essence it is political, legal and social issues of the concentrated expression, handled properly, could make both sides of the antagonism and confrontation into a social conflict, it might affect society as a whole Harmony and undermine the healthy social relations and social order.In modern society disputes, conflict resolution mechanisms are many multi-level multi-dimensional, labor dispute settlement mechanism is a basic, is an important mechanism and links. Republic experienced nearly 60 years of construction, China has formed a rich nation with the spirit of the times characteristics of the labor dispute settlement mechanism. This is social harmony and stability, social development and reform, the protection of the rights and interests of citizens, the quality of social life, played a major feature, a good social effect.In this paper, based on contemporary China, to the legal analysis of the basic dimensions and by Chinese and foreign, to explore China's labor dispute settlement mechanism of the content, concepts, methods, and exploring the new era of construction, development and improvement of the rich features of the socialist labor dispute resolved Mechanism.The author believes that the rule of law in the contemporary era, we should be based on the social reality, based on human rights, systematization, and globalization, and information of a social trend of development, the cornerstone for the building of a harmonious society, people-oriented, the rule of law as the basis, For the purpose of the protection of human rights through the draw, to learn a foreign system, through deepening the concept of updating and system building, through a series of rules, systems, procedures, institutions, modes of construction and development, improve and perfect the just, fair, reasonable, open, Effective labor dispute settlement mechanism, a national, social and civic participation of the public, the type of public and private combined force of pluralism, diversity, multi-dimensional complex system, a consultation, negotiation, mediation, arbitration, A combination of judicial decisions to resolve disputes, so as to promote the realization of rights protection, promoting the settlement of social conflicts and promote healthy social relations and the interests of the community structure of the formation, development and maintenance.
Keywords/Search Tags:Labor dispute, Labor dispute settlement mechanism, Labor mediation, Labor arbitration, Judicial decisions
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