Dongguan Labor Dispute Settlement Mechanism Reform Program

China is being in the reforming time of the economic and society, the excessive labor dispute is one of Chinese society's key characters. Since 1980 intermediate stages, Chinese labor dispute's quantity has climbed unceasingly, so the labor dispute has became one kind of important dispute that China has to face earnestly and take the appropriate method to process. How solute labor dispute prompt, effectively, not only influences protection of worker right, but also relates the stable society and the economical development. However, Chinese labor dispute solution mechanism has many flaws, so the reform of Chinese labor dispute solution mechanism is an inevitable and urgent topic which embarks actually from the current society. From the theory, transforms along with the economic development and politics, China social structure is also experiencing the deep transformation. Since the 1990, the economy continues the fast growth, but social benefit is seriously unbalanced, the rich and poor differentiation is serious and the society contradictory is intense. In many social unbalanced phenomena, the labor dispute is the important angle of view to perspective Chinese social structure, national policy, system reform and so on a many question.According to the empirical research of the labor dispute of Dongguan, I will study China's labor dispute settlement mechanism and the actual function of the related system of dispute resolution, discuss their status quo and problems. Then with a view to the region's economic structure, social structure and the status quo of labor dispute, starting from the existing resources of system, I will advance the practical improvement of China's labor dispute settlement mechanism. In This paper, I propose to establish a selective, diversified labor dispute settlement mechanism, and I also point out that we should promote the coordination and cooperation of the multi-resolution mechanism from the system level, namely: reform the primary mediation system in order to exert its functions; considering the important role of the administrative mediation in practice , establish administrative mediation system; abolish or separated the existing labor arbitration system; in order to bring the dispute-settle function and the radiate function of the court and justice to play, improve the labor proceeding system, and constitute independent labor court finally. Except the the introduction and the conclusion, this paper conclude of six components. The introduction discusses the significance of this topics, the status quo of research, and the research methods. The conclusion summarized this study and point out the direction of further study.The first part "The status quo of labor dispute resolution in Dongguan ", basing on the empirical research of labor dispute in Dongguan, I review the practical function of China's labor dispute settlement mechanism and related sub-systems, including the primary mediation, the administrative mediation, labor arbitration, labor litigation, and other procedures. These system are the resources of our reform, and their practical function is the starting point of our reform plan.The second part "The overall framework of labor dispute settlement mechanism ",in this part , I point out the overall idea about the improvement of the labor dispute settlement mechanism: establish a selective, diversified labor dispute settlement mechanism, and promote the coordination and cooperation of the multi-resolution mechanism from the system level, including mediation, arbitration. And further I demonstrate the important and feasibility of such reform.The third part "Reform the primary mediation system", according to the practical foundation of the primary mediation system in Dongguan, focusing on the shortcomings of the system, I claim that we should increase the efficiency, promote the justice in order to exert the function of the primary mediation system in Dongguan, and further I pointed out the possibility of the generalization of the primary mediation system in the wider areas.The forth part" Reconstruct the administrative process," in this part I pointed out the great role of the administrative mediation in the labour dispute resolution process and the limited role of the labor arbitration, and I propose to construct a selective administrative mediation system, to separate the labor arbitration and reform the arbitration system. In addition, I also pointed out the possibility of the generalization of the primary mediation system in the wider areas.The fifth part "Perfect the labor proceeding," The labor proceeding in the labor dispute have two functions which are dispute-settle function and the radiate function, According to the survey results, I conclude we should improve the labor proceeding in order to bring the functions of dispute resolution and the radiate function to play in Dongguan, and for the first problem I will advance from the perspective of both efficiency and fairness.The innovation of this article may lies in: The article attempts to jump out the existing research pattern, avoids focusing on the transcendental subjective problem of the Chinese labor dispute solution mechanism. Instead, I take the empirical study method to investigate the Dongguan labor dispute thoroughly, and with a view to the region's economic structure, social structure and the status quo of labor dispute, starting from the existing resources of system, proposed macroscopic and microscopic, universal and the place, long-term and the short-term unifies system reform plan.The shortage of this article may lies in: Firstly, the article is an experiential research , and I put particular emphasis on the investigation to the practical problem and solving, instead of the theory. Secondly, the topic of this article is t Dongguan labour disputes and the resolving mechanism, so it's maybe weak in combining perfecting of the whole national labour disputes resolving mechanism with the reform of Dongguan.