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The Research Of The Scope Of Arbitration In The Process Of Handling Labor Dispute

Posted on:2010-12-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y H ZhangFull Text:PDF
GTID:2166360275481779Subject:Law
Abstract/Summary:PDF Full Text Request
Under the environment of great development in our economic construction, and of our unfinished mission of market economy, and of optimizing the industrial structure, as the biggest labor-intensive country, majority of workers are still engaged in the field of labor-intensive industry, at the same time, labor dispute show varied, long-term, complex and scaled tendency, it means significant whether labor's right to work is protected.Once labor dispute takes place, the main problem to solve labor dispute is to make sure the scope of arbitration, it is of great importance to implement labor laws, to balance relationship between the employer and the workers, this paper attempts to analysis present weakness through the way of the legal theory in order to give perfect suggestion with practical significance.The scope of arbitration is changing all the time, following with the change of labor employment and related policy of labor issue. In this stage, the scope of arbitration is a complex topic which is worthy of study and research, such as unclear range of power between with powerful agencies, the restriction between lawsuit and arbitration of labor dispute, the contradiction between arbitration and labor protection and supervision of labor dispute, the conflict between lawsuit with labor dispute and civil dispute.It is an important task to solve this issue well, on the one hand, drawing lessons from foreign countries, on the other hand, connecting the actual situation. The fist thing we need to do is to find out the relationship and the difference in the field of function, character, limits of authority of lawsuit, arbitration and labor protection and supervision. Meanwhile, it is also useful to solve the issue well in order to promote the harmonious and steadiness of labor relationship, such as, to legislate labor procedure law, principle, to set up the "classifying, multi-relief " system, to define function clearly, to supplement each other, to optimize resource distribution.
Keywords/Search Tags:Labor dispute, Scope of arbitration, Lawsuit, Arbitration, Labor protection and supervision
PDF Full Text Request
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