The Initial Research Of Rebuilding The System Of Labor Dispute Mediation At The Grass-roots

In the course of establishing and improving the socialist market economy system, marketing labor relation has been formed step by step. The labor and the unit have become independent comparatively on the interest. Facing the situation of demand beyond supply continuously in labor market as a whole and the system of Labor law is not complete, the powerlessness of the labor has been reinforced in the verse of the Labor and the Capital. The lawful rights and interests of the employee have been violated frequently. As a result, the number of the labor dispute increases rapidly, which has challenged the labor dispute handling system badly. As "the first means" of resolving labor dispute, the grass roots mediation does not do its job effectively because of the poor design of the regulation and other factors, leading to amounts of disputes get into arbitration proceedings directly. The author puts forward anddiscourses upon two traits of the mediation-the procedure is not strictly canonicaland the consequence is relatively uncertain, which are the basis for understanding the grass roots mediation exactly and surveying the regulation of mediation comprehensively. And then, the author analyzes the status quo of the labor dispute and the abuse of the system, pointing out that rebuilding the system is the inevitable choice. On the basis of understanding the labor dispute mediation experience in market-economic countries, the author advances an elementary conception of rebuilding the system. It contains giving the grass roots mediation new orientation to improve its validity and authority, re-establishing the basic principles of mediation to enhance the function of guidance, dismissing the labor dispute mediation committee at the enterprise and founding new regional mediation organization. And then the author takes the city community as an example, groping for the approach to practice the new system, trying to rebuild the new type community labor dispute mediation committee. The new committee is composed of the delegates of the enterprise, the union and the community. The delegate of the community acts as mediator. The mediation should be an important program of community construction, contributing to the harmonious development of the society.