Labor Dispute Resolution Mechanism

The development and improvement of market economic system and the reform of state-owned enterprises and the spring up of new kind industry since the reform and opening made many challenges to our old labor relationship .The present situation of labor disputes are the quantity is increased and the contents and solve the problems become more complicated . The labor dispute settlement system of our country is"Pre-placement of arbitration and primary arbitration procedure two times cognizance procedures", this system has many disadvantages, so it had to adapt to solving the problems in high efficiency. The article introduces the disadvantages of labor dispute settlement system of our country and how to improvement it. This article is divided into four parts:The first Part: the overview of the labor dispute settlement. Firstly, introduces the concept, characteristics and types of the labor dispute, then analyzing the present situation of labor disputes such as quantity is increased and the contents and solve the problems become more complicated. It is necessary to change our labor dispute settlement system. Secondly, introduces the history and current state of the labor dispute settlement system of our country. We hope that by analyses the history and rethinking the present of the system so make the system more perfection.The second Part: analysis the problems of the labor dispute settlement system. Firstly,"Pre-placement of arbitration and primary arbitration procedure two times cognizance procedures"model is hard to protect the interests of the parties and the time to solve the problem is too long. Secondly, introduces the disadvantages in mediation procedure of labor dispute and arbitration procedure of labor dispute and hearing procedure of labor dispute.The third part: reference in labor dispute settlement system from abroad. This part introduces three typical labor dispute settlement systems abroad. There is the labor relationship court mode of Germany, the forced and single mode of Australia, the pluralistic mode of American. We can learn something by analyzing the three typical labor dispute settlement systems abroad, so improvement our country'system.The fourth part;Thinking about the law for improving the labor dispute settlement system in our country, it is the emphasis. Firstly, analyzing the value orientation of our labor dispute settlement system, it is principle of merging justice and efficiency and establishing the harmonious labor relationship and lean to protecting the legal interests of laborer. Secondly, analyzing the advantages and disadvantages of the different viewpoints which came up by different scholars in our country about how to prefect the labor dispute settlement system. The author suggests that the"arbitration procedure separation from hearing procedure, judicial proceeding is independent"model is the more reasonable. Thirdly, some suggests for improvement the mediation procedure of labor dispute and arbitration procedure of labor dispute and hearing procedure of labor dispute. Such as strengthen the mediation system of labor dispute, establishment labor courtroom fulfill the irilateral principle.