On Perfection Of Labor Dispute Settlement System

At present, China is in the great era of implementation of the strategy of governing the country by law, which exerts a great influence on people's concept of law rule and their awareness of rights. Nowadays, with the development of our country under the rule of law, both of which have increased a lot. Along with the differences in the interests led by the in-depth development of the market economy, it is not surprised to see a gradual increasing of labor disputes. On the other hand, as the current handling system for labor disputes is of a number of deficiencies, which can not been timely and effectively done with the increasing number of cases of labor disputes, many problems have aroused. The present study starts from the drawbacks of these systems, then analyzes in-depth with a view to the right remedy, and thus promotes some recommendations to improve Chinese system of labor disputes. The purpose of the study is firstly to probe into the problems in the present system of handling labor disputes, then to investigate the right way to solve, and lastly to make sure that can be in accordance with our Chinese situation. But we don't create a new theory or repudiate the present system of handling labor disputes. The present study is on the basis of exactly analysis of the present system of handling labor disputes to improve or solve the problems in the system, but is not to find a perfect system because nothing is perfect. Apart from the introduction and closing remarks, the paper is divided into five sections to be addressed:The first part gives the definition of the basic concept of the labor dispute, mainly involving the labor dispute's definition and classification. Labor disputes must happen between clients with labor contract system, and must be laborer on one side, the employing unit on the other side. The content of the labor disputes must be based on the realization of labor rights and duties such as expelling, removing one's name from the rolls, discharging, or voluntarily leave one's job temporally. According to the number of clients with disputes, if it is over more than half, then it can be divided the disputes into collective dispute and single dispute. And these disputes can be also divided into right disputes and interest disputes according to feature of contents. The classification of labor disputes aims to pave the way for the later setting up the right dispute handling procedures and benefit dispute handling procedures; then sums up and analyzes the characteristics of labor dispute handling procedures. That is to handle the labor disputes with three principles and the connection with simple. Timely and voluntary and compulsory feature.The second part gives an assessment for China's labor dispute handling system, briefly reviews the operation of existing institutions and procedures, and focuses on analysis China's labor dispute handling procedures deficiencies including the model of judging before pronouncing, the weakness of the governor of labor disputes and its procedures. The important issue is to over interfere with the procedural rights, and miscellaneous procedures, which could not express the protection of the labor who is in a weak situation, besides, it is very difficult for the governor of the labor disputes to give a fair judgment. One of the reasons of the above weaknesses is resulted from the way of a mediation, a trial, two judgments" monorail system existing in China, that is to say, the present system does not distinguish the types of labor disputes which has plugged the processing lanes of labor disputes, and resulted in that a large number of cases against the rights and interests of workers and employees have backlogged in the society without quick and satisfactory protect. All in all, it is necessary to broaden the handling channels for labor disputes.The third part introduces foreign labor dispute handling systems, and summarizes their successful experience of dealing with labor disputes to provide some inspiration for the building of Chinese relevant systems. The present study chooses some more relatively countries such as America, Japan, French, and German to take good examples. On the basis of analysis of the system of handling labor disputes in foreign countries, it is very easy for us to find some similarities in our country. That is to say, the foreign countries that deal with labor disputes are more maturely and relatively concentrated on a wide range of dispute resolution channels. Mostly labor disputes are divided into the right ones and interest ones, and addressed by the corresponding procedures. They take into account of the attention of workers, at the same time they don't abandon the appropriate intervention of government for labor disputes. The principle of "three parts" has been implemented during the whole process of dispute handling. Arbitration becomes the core of labor dispute handling procedures.PartⅣanalyzes the relevant elements of the selection for a new model. Although to learn from foreign advanced experience selectively is inevitable and also should be promoted in the process of modernization of legal system, in any case we must not forget our own national conditions and the reality. This section is based on this idea, then analyzes in areas such as China's national conditions including economic structure and traditional culture, the impact of globalization and the status of the China's labor disputes,And then analyzes the present situation of handling labor disputes, we know that the cases of handling labor disputes are increasing, and are the collective disputes. Even though the cases of handling labor disputes are not big, the contradiction is too complicated to solve, which results the increasing rate of laborer's appeal. The above features also caused a number of cases of handling labor disputes move into judicial procedures which interfere with the normal movement of the system of handling labor disputes. Therefore, it is necessary to solve the problems in the system of handling labor such as to broaden the entrance of the handling procedure, to give the client the choosing right, to respect the consultative autonomy of the client, to solve the cases of handling labor disputes as possible as we can. In the end, the author draws a conclusion that the model of "mediation or trial, each for its final judgment" is an ideal choice, and finally makes a simple analysis of the value orientation of our new model. And we think the development of the system of handling labor disputes should devote to maintain harmonious and stable labor relationship, and then to probe into balance between the authority and national interference, and the balance between fair and efficiency.PartⅤgives some advices on the fore-mentioned defects of labor dispute handling procedures. In the process design part, the writer divides labor disputes into rights ones and interests ones, and makes different programming designs, in the hope of better cope with our increasingly complex and increased labor controversies, which is also the main purpose of the present study. Besides, The improvement of the system of handling labor disputes is totally reformed, which can not read the expected effect just only by adjusting some other one aspect. In addition, in order to insure the better operation of designed process, some relevant measures are also briefly mentioned in this part, such as the establishments of collective mediation system, the improvement of trade unions, the provisions of strike right. The writer hopes that the above-mentioned procedures designs could reflect the characteristics of labor disputes, and provide more comprehensive protection for the legitimate rights and interests of workers, then achieve fair and equity of labor dispute handling systems.