Study Of China's Labor Dispute Settlement Mechanisms

The China Communist Party clearly put forward a scientific proposition of building harmonious society in the sixteenth expire fourth plenary session. In the following sixth plenary session, the China Communist Party entirely analyzed several important problems about this subject again. This thesis is studying one the basis of this background.Harmonious society, as Chairman HuJinTao summarizes, is democracy, law and order, justice, fairness, honesty, friendship, full of vigor, safeness be in order, and persons that get along very well with nature. Persons being in harmony with others, harmonious social relations are the foundation of harmonious society. And labor relationship is the most essential social relation in modern times. As the sage said, Capital and labor are axes of entire society in contemporary age. Employment disputes manifest the difference of inherent interests and contradiction of labor relationship. If we could deal with employment disputes effectively, we will come true the aspiration of building a harmonious society.In broad sense, employment disputes are the disputes between enterprises and workers on the basis of labor relationship. In narrow sense, they mean divergences of both parties because of the rights and obligations in labor. Employment disputes are different from other disputes; it has its own peculiarity. Our contemporary system concludes many disadvantages in institution and procedure. On the one hand, it makes employment disputes not dealt with on time; on the other hand, it doesn't fit in with the purpose of the Labor Law. Therefore, we should build up a new resolution system of employment disputes, that conforms to procedure justice and efficiency, observes the basic principle of Labor Law.There are two modes on resolution system of employment disputes in the world, America mode and European mode. The former attaches importance to procedure justice, values the will of both parties. This mode is influenced by advanced market economy in America. By contrast, the latter emphasizes consequence justice; it is inclined to resolve employment disputes by law. In comparison to the both modes, the European mode is more suitable for our state.The last paragraph is a core of this thesis. On the basis of the former there parts, it firstly lists several opinions about resolution of employment disputes in domestic home, meanwhile, it puts forward advantages and disadvantages of every opinion. For one thing, we may refer to developed legislation experience in foreign counties, for another, we also have doctrines of domestic scholars. But whether which one we can take, it should follow the situation of my country. There are two characteristics about labor relationship in china, the one is that both parties should be equal determined by market economy, but in fact it is unequal between both parties because of our special state. In according to the situation, for one thing, we shall respect parties' will, enhance powers of trade union and employer union, and meanwhile make both parties have rights to select pattern; for another, country should intervene properly to protect the workers, for instance, we continue take the arbitration of employment disputes, in court system building labor court to solve employment disputes. Therefore, I think that we are best to change resolution of employment disputes into discussion between trade union and employer union, either arbitration or litigation by parties' selection.