Research On The Multiple Settlement Mechanism Of Labor Disputes In New Urbanization

Along with the new tide of urbanization, a large number of rural population to urban agglomerations, non-agricultural industries from the village into the town became an objective trend of social development. More than two hundred million of migrant workers continue to flock to the town as a factor of production, has become a modern Chinese society, "the third element." Their integration as a factor of production to the new tide of urbanization, because of temporary liquidity and other characteristics of worker and peasant work, it is difficult to be absorbed by the union.Due to economic factors, institutional deficiencies, psychological incentives and other reasons, it is often due to the payment of wages, personal injury and other problems in the actual labor dispute process. Migrant workers in labor disputes in the new urbanization and therefore presents a new feature, namely the transformation of collectivization of labor relations, reflecting the type of dispute has not only limited to individual workers and businesses, more reflected in the workers’ collective and between enterprises; Judging from the regional distribution, occurred in economically developed coastal areas; the layout of the industry, mostly concentrated in the generally low profits, the competition is fierce traditional manufacturing; changes in the age structure of the labor force, such feed City workers in the city not only has the experience of life, more higher education, a considerable part of the new generation of migrant workers to learn the basics of the law, with a strong sense of entitlement. In the face of the employer payment of wages, workers’ compensation and other dispute resolution is not the time, they are easier to organize themselves in order to vent their discontent against injustice. Rights of the non-rational, legal assistance and administrative mediation out of position and the current "one cut two trial" rigid lengthy processing mechanism derived from "the rule of law in China" and "harmonious society" and many unstable factors of disharmony.Due to the rigidity of the existing lengthy labor dispute handling mechanism, to protect the rights and interests of migrant workers, the justice needs and stage new urbanization are incompatible with the social governance has been very sharp contradictions, the use of the rule of law and the rule of law and the way of thinking, inquiry dispute resolution paths to solve the vital interests of migrant workers involved in the conflicts and problems indeed imminent, diverse dispute settlement mechanism is to resolve the new urbanization of migrant workers in labor disputes feasible path.This paper is divided into five chapters.Chapter One: Introduction. Including research purpose and meaning; domestic and foreign research status; the research methods and innovation.Chapter Two: Demonstration of migrant workers in a timely manner to resolve labor disputes in the new urbanization is a major issue. The section from eighteen, eighteen Fourth Plenary Session of the Central Work Conference urbanization and important speech of the party’s central leadership, deeply understand and elaborate new urbanization, and then on the new urbanization of migrant workers in labor disputes analysis and discussion.Chapter Three: study causes and characteristics of migrant workers in labor disputes. Focus on migrant workers pay talks, injury disputes. The main reason for this type of disputes arising are: an economic reason(purpose bias, interest impaired); 2 system defects(absence of administrative mediation, interest demands, the right to relief blocked); 3 psychological incentives(activist irrational).Chapter Four: Exploring existing migrant workers lack the mechanism to resolve labor disputes. In the author personally agents modeled labor dispute cases, focusing on dispute resolution procedures are too complicated, cohesion dimension, "the Commission" relationship is unclear, inadequate social forces of migrant workers and other support staff handle this stage the problems of labor disputes, labor disputes appear to reveal rows inadequate dispute resolution mechanisms. Namely, "the rule of law in China" this "new context" inadequate attention, Fa Bu Ze Zhong undermine judicial authority; for migrant workers in this "new group" and "new dispute" with the organization, sudden, destructive lack of knowledge; few concrete measures to improve the maintenance of a stable ability of migrant workers, the scope of the existing settlement mechanism is unknown, cohesion dimension unclear.Chapter Five: Construction of new urbanization in diverse migrant workers labor dispute settlement mechanism. In "Midnight Experience" modeled on migrant workers into full play the role of trade unions, community organizations, legal aid organizations, such as migrant workers in the maintenance of stability in situ management of social security. Integration of policies, laws and folk customs, special attention convergence China "and" Culture and the rule of law among Chinese construction, seek common ground, settling disputes. To the administration of justice as the center, take advantage of the various mechanisms of people’s mediation, administrative mediation, legal aid, focusing on public opinion to guide the new media era; a preventive measure, to take the initiative, to avoid worsening of the situation; for disputes have occurred, to clarify, emphasis on "the Commission " cohesion dimension relationship patterns between the two advantages and strengthen communication and coordination with the Court’s arbitration committee, to cut the cut, when the judge will sentence, not appeasement; effective judgment disputes must fully implement to uphold the authority of the rule of law, protect the legitimate rights and interests of the parties to a labor dispute.