On The Relief Of Labor Disputes In China

'No remedies, no rights'is the basic concept in the society of legality, and important content in the legal system. The present shortcomings in China's labor disputes have a bad and direct effect on its settlement and protection for laborers'lawful rights and interests. Therefore, there is a strong hope for the improved remedy system for labor disputes and it is also the need for law construction in present situation.This paper is firstly to attach importance to the relationship between labor disputes and remedies, and the former is the important sign to recognize labor relationship between the contracting parties, based on the rights and obligations ruled by the contract. These signs are used to distinguish employment and interpersonal relationship and are the key points in reforming and improving remedy system. Secondly, this paper gives a simple description of the present situation of labor disputes and its shortcomings, such as the invalidation of conciliation proceedings, deficiency in legislation of labor supervision system, superposition with labor arbitration, the lack of limitation rules for labor arbitration, the disfigurement of one-track system'arbitrate first, adjudge second'. Considering the practice in western countries and the specific situation in China, the author proposes several suggestions for reforming and improving the labor disputes and remedy system.: improving the labor supervision system, reforming mediation system, trying the pretrial system of labor arbitration, applying the laws of arbitration limitation, separating adjudgment and arbitration and creating people's labor court and so on in order to produce a multi-factored, high effective, and convenient labor disputes and remedies system for China.