Research On The Perfection Of China's Labor Dispute Arbitration System

The labor dispute solution mechanism consists of the various ways of labor dispute solution, the different institutions in handling labor disputes and the mutual relations between the above two. Usually in the different ways of labor dispute solution, apart from reconciliation and mediation, arbitration and litigation also play their roles. The labor dispute arbitration system plays an important role in the labor dispute solution mechanism, because it carries people's expectation to rights realization and shoulders the task of national harmony and stability in rapid development. Along with the reform in our country's social security system and the market's increasing demand for labor, the establishment, alteration and termination of the labor relations between employer and employee is gradually adjusting by the market mechanism, which makes the socialist market economy change rapidly. At the same time, disputes on labor rights and obligations between both sides of labor relations increase with each passing day, so that the current labor dispute arbitration mechanism has encountered many problems and challenges, which not only makes the arbitration institution and court confront with various problems, but also hinders the realization of laborers'rights. Therefore, the author conducts researches on current labor dispute arbitration mechanism to put forward a corresponding reform plan on the perfection of the labor dispute arbitration mechanism. Two goals are the starting point. The macro one is to safeguard the legitimate rights and interests of labor relationship parties, establish healthy labor relations, stabilize socialist labor order and promote the healthy and orderly development of socialist market economy. The micro one is to conduct a research on certain specific systems in current labor arbitration system.Besides the foreword and conclusion, this thesis is divided into four parts.Introduction. This part analyzes the causes of labor disputes, demonstrates the effect of labor dispute arbitration which is one way of labor dispute solutions, and puts forward the significance of the topic selection and research conduction.Part one. This part briefly discusses the concept, characteristics, nature and types of labor dispute and demonstrates why labor dispute arbitration is an important method to solve labor disputes. The author also discusses the concept, characteristics and merit of labor disputes arbitration in this part, which lays a theoretical foundation for latter parts.Part two. This part analyzes the US, UK, Germany, Japan and Taiwan region of China's labor dispute arbitration system, which shows that every country established their own labor dispute arbitration mechanism according to their difficult national conditions, historical and social background, and judicial system. Undertaking a comparative study on the labor dispute arbitration system of developed countries such as the US, UK, Germany and Japan, as well as that of Taiwan region of our country, the author attempts to find out the same points and differentia in labor dispute arbitration mechanism overseas, sum up advanced legislation experience, and conduct a useful exploration on the reform and perfection on China's current labor dispute arbitration mechanism.Part three undertakes an analysis on the current Chinese labor dispute arbitration mechanism and finds out existing problems as below: lack of labor dispute classification solution mechanism, flaws in China's labor dispute arbitration institution itself, the harmful "arbitration prior" solution, lack of property preservation system in labor dispute arbitration and infirmly adjudication supervision mechanism in labor dispute arbitration.Part four proposes some suggestions on how to perfect our country's labor dispute arbitration mechanism, such as establishing labor dispute classification solution system, completing current labor dispute arbitration institution, promoting a new labor dispute arbitration mode which features in "one final arbitration" and "arbitration or trial" paralleling, establishing property preservation system in labor dispute arbitration, completing adjudication supervision mechanism in labor dispute arbitration.