The Legal Consideration Of Rebuilding China's Treatment System Of Labor Disputes

Since the born of human labor, various labor relationship has formed has become the continuous subject of human history. The labor relationship described in the thesis, i.e, the relationship between the employing units and the workers, is one of the most basic social relations, labor dispute exist because of the confrontation and differences between both sides of labor relations.Considering the difference in the development of each country, globalization, with the rising awareness of human rights, the author believes that labor dispute becomes the more inevitable. Since the basic nature of labor relationship, a bad resolution will lead to instability of social relations. This is also an increasingly public concern. With the development of society, labor relationship becomes increasingly complicated. Resolving labor disputes by the parties involved themselves or traditional intermediating becomes more difficult. As China implements its reform and opens to the outside world, the socialist market economy has been developed rapidly. The traditional way of intermediating can not be suitable for the fast-paced life of morden time. The labor dispute causes so many problems, the people have to consume the resources in the unproductive activity. To the society, dispute has the bad influence to the social order and is a kind of resources waste, the less efficiency. Therefore standardized system of labor dispute handling system has been put on the agenda. It is not only beneficial to the solution of disputes, but also offers protection for furthering Chinese enterprise-reform, and promotes the healthy development of society.In this thesis, the academia advantages and defects of several kinds of theory views about system of handling the labor dispute were overviewed. Combined with the special properties of the labor dispute and the national conditions of our country, the new handling system of labor dispute of our country should be set up. Furthermore, the thesis led out the deficiencies and shortcomings of China's treatment system from the actual cases of labor disputes arising from the real cases. Then from the basic concept of labor dispute, the way to handle labor disputes, as well as the way used abroad under the same condition was suggested. From the history of China's labor dispute-resolution mechanism and its actual condition today, we conclude that our present Labor-Relationship-Dispute resolution mode is lagged behind. It is interesting that this thesis also offered ideas for reforming labor-disputes resolution systems. In other words, it is to set up "intermediating, the two-trial procedure system in particular case", an express way for labor-dispute-resolution system, which aimed at improving China's labor- dispute-resolution mechanism.This thesis includes four chapters. The related concept of labor-disputes-resolution and their classification were analyzed in the first chapter, Moreover, the treatment of labor disputes in several ways were also analyzed. The developing history of labor dispute handling system abroad, and its basic practice were studied in Chapter IL In Chapter III, the theoretical circles as well as several models have been argued over the merits of the relevant, its suitability in China was also introduced. China's system of handling labor disputes should be taken into account, as well as the mechanism of China's labor deal with specific ideas is set out in Chapter IV.