Reflection And Recons Truction Of China's Labor Dispute Handling System

The labor relation is the most of basic social relations, but, frequent occurrence of labor dispute cases is bound to undermine the social harmony. However, inevitable, labor dispute exists in the world as a widespread social phenomenon. Therefore, each country must to formulate a suitable mechanism for handling labor disputes according to its own national conditions, in order to maintain domestic social stability considerations. Of course, china's labor dispute has been steadily developed and perfected, but with the further development of market economy and join the WTO, then, the "PRC Labor Contract Law" and the "PRC Labor Dispute Mediation and Arbitration Law" are formulated, The emergence of these new Situations makes frequent occurrence of labor disputes, and, the labor dispute gradually shows an unprecedented diversity and complexity, making the existing "first of all arbitration and then trial, arbitration front" model reveals defects. The division of authority and functions work of labor dispute mediation committee within the enterprise, labor Arbitration Commission and the courts also need improvement. Therefore, the improvement and reconstruction of the existing labor dispute handling mechanism has become essential. I believe that our country is facing a "blowout" status of labor disputes, so we must change the "negotiation mediation arbitration lawsuit" the straight-line processing mode, taking into account on the basis of the practical situation of China then, reconstruction of the labor dispute mechanism by drawing the United States, Britain, Germany and other western countries and Taiwan's effective mechanism for handling. The consultation and mediation must join in truly dispute resolution process, in order to settle the most of the labor dispute cases, at the same time, close links between the labor dispute arbitration and litigation. Of course, in order to better implement these four programs, but also the need for reconstruction or transformation functions of mediation, arbitration, litigation and other agencies dealing with labor disputes, in order to achieve more with less performance. In the long term, to develop a special "Labor Dispute Law" is imperative.