On Labor Dispute Settlement Procedures Improve

We've observed many problems emerging in labor disputes settlement procedure in current Chinese law, which can be classified into two groups: one refers to the problems existing in the settlement procedure itself; and the other lies in the relative settlement body. This article stresses on the two basic values to be obeyed in labor disputes settlement procedure: fairness and efficiency. In terms of improving a legal system, the comparative method should be applied so as to absorb any factor in favor of the improvement of the system and the lessening of the mistakes that could be made in system designing. In this way, the right progress direction of the system reform can be provided. In order to illustrate in detail how to improve labor disputes settlement procedure in current Chinese Law, the author divides the answers into four parts. Firstly, in terms of improving the labor disputes settlement procedure, the trend in the long run is to apply the sole settlement body mode; while in the short run, the feasible method is to apply the system of'to try or to arbitrate, and to make the two separate'. Secondly, in terms of reforming the labor disputes settlement body, both the Labor Disputes Mediation Commission and the Labor Disputes Arbitration Commission should intensify their characteristics of independence and neutrality so as to ensure the reasonable fairness reliability from the public. As for the justice body, to establish a labor court will be the best choice for the justice body reform in the long run; while currently speaking, the urgent task is to realize the labor disputes case trial in a specialized court session or a specialized trial group. Thirdly, in terms of the legislation form of labor disputes settlement procedure, a particular law should be promulgated to regulate the labor disputes settlement. And the special procedure of labor disputes settlements shall be stipulated in uniform therein to differentiate it from that normally set forth in the Civil Procedure Law. Fourthly, a multiplied mode is put forward at last in respect of labor disputes settlement.in order to lessen labor disputes cases.