The Law Sociology Holistic Thinking From The Perspective Of Labor Dispute And The Processing Mechanism

Holistic thinking is of sociology of a kind of thinking mode, namely the research object is regarded as an organic whole, through contact on overall research to explore individual inherent laws and essential character, or even though only one of research in this whole component, also be sure to put it in overall, probe into its status and functions in the whole of. With thoughts of perspectives, namely, key labor dispute from society, institution or social scale, division of labor, power or authority structure types, social force contrast Angle to begin to labor dispute sociology of law analysis, with investigation of labor disputes essence and on this basis to explore the solution of the problem.This paper will be divided into five parts, the first part is discussed the law sociology theory research of labor dispute this social phenomenon suitability. Labor dispute is both legal character and social character of social phenomenon, with law and sociology interdisciplinary sociology of law to study the labor dispute, have natural advantage.In the second part is the way of sociology thoughts of usage to inspect labor disputes. To investigate, with thoughts of labor dispute is to enlarge the parties to a labor dispute for two different social strata, through the research content to explore the generality of the controversial Labour dispute essential characteristics. This level is concerned, labor dispute embodies the social relationship is laborer classes and entrepreneurs around the capital profits of possession and distribution of what has happened economic interests conflict relationship. Usage sociology labor dispute, the thoughts of investigation can be found labor dispute essentially workers and business owners the two existing conflict of interests between social classes of game.This is the third part of the thoughts of sociology Angle of ephraimite of our country labor dispute the development status of analysis. China's labor dispute situation reflects the contradictions of both sides of Labour has become China's major social contradiction, also have sharp enough to affect the results of the reform and social stability degree. Present labor dispute appear as follows characteristics, As a labor dispute party of the employee has already became social vulnerable groups, and the bottom one party to another business owners but become China's current power's biggest classes, both sides of strength gap, Part in the game, with its creators dominance of unbridled ground encroached upon the rights, it is current labor conflicts intensifying of basic reasons.The fourth part trying to dharma sociological theory, under the guidance of the exploring the settlement of labor disputes way. Use alternative dispute resolution mechanism processing labor dispute is the inevitable result of social development trend, as well as the international community to deal with the labor dispute advanced experience, but because our both sides of Labour power imbalance, cause of our country labor mediation and labor arbitration these two alternative dispute resolution mechanism changes that occur morbid current labor dispute processing mechanism drawbacks crossing. Therefore, our country laborer must have formed unity through independent trade union right big own strength. Tubular Only the both sides of Labour force relative balance, can let the alternative dispute resolution mechanism should play a function.This last part epilogue to generalize made simple review and concluded that the labor dispute is essentially workers and business owners these two fundamental interests conflict exist at present, the struggle between the stratum labor conflicts severe root is both sides of Labour power imbalance. Laborer only through with independent association to enhance its strength, is only possible with entrepreneurs realize in game with game, promote both sides of Labour and win-win situation.