China's Labor Dispute, A Number Of Legal Research

There are more and more cases of labour dispute of our country. This has produced some questions. It is unfavorable for us to build the harmonious society. It is very important to strengthen the reserach on our country's labour disputes. This text, based on practical problem of the existence in the present labour disputes, has analysed the problems , such as scope of arbitration , time limitation , burden of proof and the settlement mechanism ,etc. On the scope of arbitration, this text has researched some questions of labour disputes of present especially, and thinks that we should establish the scope of arbitration by way of summarizing , and regard the labour dispute party as the procedure party first. On time limitation of arbitration, this text has analysed especially the start of labour dispute, and thinks that it should set up the system of labour dispute discontinuation , cutting off and the longest prescroption for protecting legitimate rights and interests of labourer in detail. On burden of proof, this text thinks that we should set up the exclusive system of burden of proof in labour dispute. It will accord with our country. On the mechanism of settlement, this text thinks that the mechanism currently imperativly needs reforming, and hopes to set up the system of public prosecution of the distinct Chinese characteristics, and proposes setting up the settlement mechanism of the " mediates by force , judge and arbitration separating , judge (arbitration) the end two times ".