On Labor Dispute Relief Mechanism

Labor dispute is a kind of social dispute which goes with the development of capitalistic producing quomodo and the interference of the governmental administration in most country. This thesis tries to review the disadvantages of current labor dispute settlement system, and find out a kind of system that is suitable to the situation of China and can settle the labor dispute in time.This thesis is about 38,000 words or so and divided into four parts. The first part is about the definition of labor dispute and related theories between whom there are much difference at length. The parties in labor relationship and rights and obligations which deduced from the labor relationship are the two important symbol to cognizance the labor dispute, and are the key to distinguish the labor relationship with employment relationship and labor dispute with administrational dispute or official dispute. According to the disputed content, the labor dispute can be divided into two kinds, that is, disputes over rights and disputes over interests. According to the member of the parties, it can be divided into individual dispute and collective dispute.The second part is about all kinds of labor dispute settlement system in many other countries and the experience they give us. Labor dispute had ever been the most serious question, western countries made a mature and complete set of system while they were solving this kind of problems. A successful experience in western countries is helpful to our country, we should use their good points to construct and improve labor dispute settlement system in ChinaThe third part is about analyzing the re-construction of labor dispute settlement system in our country under the thinking of current system and reviewing of the labor dispute settlement system in other countries. Our current labor dispute settlement system can not be suitable to the need of currentsettlement of labor dispute system because its period of settling the labor dispute is long in actual situation, giving heavy burden to litigant; the function of labor dispute mediation committee is limited, arbitrational system is not complete, tripartite principle exists in name only, there is no relevant evidence system, arbitration and litigation are difficult to link up and so on. We should reconstruct our labor dispute settlement system as "separating arbitration and litigation, and two trials while ceasing each". Secondly, permitting the parties to select the voluntary arbitration in right dispute while compelling them to compulsive arbitration in interest dispute, etc.The forth part is about design of perfecting civil proceeding of labor dispute in China The thesis suggests that labor dispute settlement system should be structured in order to improving the efficiency of the settlement, setting up agencies that settle labor dispute, setting the independent court of labor dispute to deal with labor dispute cases in present court system. In short ,we should begin with the system of the parties, the scope of the labor cases, domination, inverting principle of evidential burden and so on to protect the legal right of disadvantaged groups. Though three design, labor dispute settlement system can be perfected, so that justice of settling labor dispute process and entity will be realized eventually.At last, the writer account for the deficiency in the thesis in the epilogue.