Research On Countermeasure Against The Raped Growth Of Labor Cases

In 2008, the rapid growth of labor court cases was caused by a series of factors .It has increased the load of the court system. An effective ADR system is needed by the court system. It is the purpose of this paper to explore the basic conditions of an effective dispute-solving system and to contribute some thing to the construction of it. In this paper, an empirical measure is adopted, and some theories of sociology of law are the base to analyze and construct the ADR system.This paper is consisted of four parts:In the first part, what is depicted is the status in quo of the rapid growth of the labor court cases. In this part, it is concluded that the amount of labor cases rapidly rose by June, 2008.In the second part, what is profoundly analyzed is the reasons of the leap of labor cases. The writer puts forward some of these reasons as follows: the change of the global economical situation, economical and social transformation, judicial policy and public opinion, implementation of the new labor contract law, the lax enforcement of labor administration department, long-term non-standard employment, the uncertainty of legal rights and obligations, the flawed dispute settlement mechanism and so on.In the third part, what is discussed is the countermeasure to the sharp rise of the labor cases. The following questions are discussed in this part: improving the certainty of the legal rights and obligations, carrying out a peaceful judicial policy, perfecting the ADR system and litigation system.The forth part is the epilogue of this paper.What is the writer' basic viewpoint is that ADR and litigation make up of a organic system. Dispute resolutions come into being from specific social structure in which they effectively work. In addition, the certainty of the legal rights and obligations is the basic condition of effective negotiation, mediation, arbitration.The innovation of this paper is: that the dispute settlement system is studied as a organic system; the theory of social structure, which was applied to dispute settlement by Black, was employed to study ADR. The shortages of this paper are a lack of summarization of research status, a non-enough collection of material of labor cases, and so on.