Administrative Arbitration Mechanism Of Labor Dispute

Labor dispute is prevalent in modern society, and it is different from ordinary civil dispute, but a social contradiction,which affect social stability, especially at the background of the large number of workers and the difficult employment conditions in our country, the contradiction is even more prominent, making the existing dispute settlement mechanism for dealing with labor disputes a great limitation. Administrative arbitration to resolve labor disputes is a simple, efficient and just way which can of make up deficiencies in efficiency t of he existing mechanisms, protect the legitimate rights and interests of the parties, to ease social conflicts.China has a the executive handling system of labor dispute, the ambiguity of the law makes a great controversy of the connotation in theory and practice, resulting in the failure to play the advantages of administrative arbitrations,and failed to solve labor disputes in an effective way.This paper analyzes China's current "one intermediation , one arbitration and two adjudgements" system's limitations,and makes an analysis on the necessity and feasibility to resolve the labor dispute in administrative arbitrations system from theory and practice, and make recommendations for constructing China's administrative arbitrations system of labor dispute. The body is structured as follows: The first chapter defines of basic concept of the administrative arbitrations of labor dispute, and focuses on analysis of the administrative arbitration labor dispute and labor arbitration, emphasizes the arbitration is not an administrative ruling;ChapterII demonstrates the necessity for administrative arbitrations based on the analysis of the essential character of labor dispute, the shortcomings of existing labor dispute settlement mechanism, and the advantages of an administrative arbitration;Chapter III demonstrates the feasibility of administrative arbitrations of the labor dispute,based on the analysis of the theory of the intervention from the executive power to civil disputes, China's national conditions, and existing laws and legal practices, focuses on the implied the nature of the administrative decision in the "executive" and "ordered"of existing law;Chapter IV makes recommendations for improving China's administrative arbitrations system of labor dispute form legislation, institutional arrangements, arbition procedures;Chapter V makes recommendations for completing the relief system of administrative arbition of labor disputes, focuses on the the necessity and feasibility of administrative incidental civil action.