On Labor Dispute Settlement Mechanism Of The Improvement

On Perfection of the labor dispute resolution in China Within the modern market economic system, the labor dispute resolution refers to a set of institutions for lawful resolution organizations to resolve labor disputes by means of procedures and methods provided by laws to protect laborers' rights and interests after the disputes occur. To meet the needs of developing market economic system, labor dispute resolution of our country includes "one mediation, one arbitration and two trials" . That means that with a prerequisite of a "three parties" principle to mediation and arbitration, one party can apply to the mediation board of labor dispute in the same unit for mediation and if mediation fails he or she can apply to arbitration committee of labor dispute for arbitration; one party also apply to arbitration committee of labor dispute for arbitration directly and if disagrees with arbitration he or she can bring a suit in courts; but courts will refuse to hear the case without arbitration. As we can see, the principles of "three parties' presentation" and "arbitration prior to suits" are reflected in resolutions of our country.The planned economy, on which the market economy was established by reforms, still influences our knowledge of relation among laborers, enterprises and the state and design of labor dispute resolution, so this above mentioned resolution reveals such shortcomings as high cost, poor efficiency. In view of these, this article tries to analyze the resolution and come up with relative perfection measures. These perfection measures should aim at building a harmonious society and be beneficial to social justice who is based on consideration of our situations and absorption of advance foreign experiences.