Research On The Drawbacks And Improvement Of Labor Disputes Resolution System In China

There are four ways in handling of labour disputes in China, namely, negotiation, mediation, arbitration and litigation. According to "The People's Republic of China Labor Disputes Regulations," Article VI "when the labor dispute occurs, parties of the dispute should be resolved through consultation, not willing to consult or the consultation fails, can mediate in the enterprise labor dispute mediation committee; mediation is unsuccessful, can arbitrate in the labor arbitration committee; if the arbitration fails may appeal to the people's court." In addition, "The People's Republic of China Labour Law" article 77, "when employers and workers labor arise disputes,the parties may apply for mediation, arbitration, litigation, can also be resolved through consultation."As the consultation, mediation is not compulsory treatment measures, so in the practice, the main modes of the labor dispute are the arbitration and litigation.and it's on the basis of the "arbitration front". Moreover "Labor Dispute Mediation and Arbitration Law" stated some of the relevant provisions of breaking this pattern, but it did not completely reverse this pattern, "a two-trial ruling, the arbitration front" mode of labor dispute settlement. With the increasing complexity of Labor Disputes, diversity, individuality, the settlement mechanism in practice exposed many shortcomings,such as, lack of judicial oversight, the litigation proceedings are fully applied the Civil Procedure,the trial period is too long and so on. So China has yet to establish a special procedure of labor disputes with specialized labor court and specifically judges in labor law.Nowadays labor dispute at the stage of the litigation proceedings are often not resolved timely, which do not match labour disputes' features. Labor relation is the most basic social relation, the most extensive social relations, and if the labor dispute can not be solved in time after the occurrence or improper handling will affect the entire socio-economic development and social harmony, stability.Therefore,setting up a reasonable, consistent with our national conditions of labor dispute settlement mechanism is not waiting. We can perfect cut, improve the interface between the litigation and arbitration, strengthen judicial supervision in the arbitration, set up the mode of a "separate arbitration and litigation, or arbitation, or litigation," labor dispute settlement mechanism,make sure to establish independent labor dispute litigation system. Ensure that the labor disputes could be solved in a timely, effective way after they cccured,making labor relations keep stable and smooth. Currently, establishing a reasonable disputes resolution system could promote social and economic development, maintain social harmony and stability,it will have a great significance.