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Labor Dispute Settlement Mechanism Of Non-litigation

Posted on:2012-04-20Degree:MasterType:Thesis
Country:ChinaCandidate:L L XuFull Text:PDF
GTID:2216330374953446Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Since 2008, around the court accepts the number of labor dispute cases increased sharply, the court greatly increase the load, less than the growing phenomenon of the case. Many departments are exploring a workable way to solve disputes, to achieve an effective case to resolve the labor dispute. Purpose of this writing is to analyze the existing laws and regulations dealing with labor disputes and labor dispute resolution mechanisms are inadequate, the various dispute resolution mechanisms obtained on the basis of comprehensive analysis of non-litigation dispute resolution mechanism as the main mechanism for the labor point of view. In order to build a diversified dispute settlement mechanism, so that the effective diversion of labor disputes, and resolve, in order to explore and build a harmonious society offer a little humble. The research method is empirical research method.This article is divided into four parts:The first part is the labor dispute and labor dispute settlement mechanism of non-basic theory of litigation. In this part, the author describes the current labor law in the mainstream academic work on the basis of non-litigation dispute with the labor dispute settlement mechanism of the concept are described in detail on the work of non-litigation dispute resolution mechanism contained in the definition of the content done. Leads to non-litigation methods of prevention and settlement of labor disputes play an important role in the topic.The second part of the in-depth analysis of China's labor dispute settlement mechanism of non-action status and issues. Absence of legislation, systems, and lax enforcement at the operational level issues, in-depth analysis, obtained mainly caused by labor disputes:imperfect legislation, systems, and law enforcement embarrassed and so on.The third section describes the extra-territorial labor dispute settlement mechanism of non-basic mode of action comparison and reference.The fourth part of the depth of a sound labor dispute settlement mechanism of non-litigation measures.The basic point is this:including conciliation, mediation, arbitration, litigation, dispute resolution mechanisms, including the diversification is an organic system. Innovation of this paper is to break the traditional labor dispute settlement mechanism research. Previously published journal articles, research labor dispute settlement mechanism of the articles were focused on the lack of labor arbitration and litigation and arbitration mechanism for improving the convergence issue. Among them, non-litigation of labor dispute settlement mechanism to study the internal structure of a very small part, less the part of non-action mechanism and action mechanism of the interface between. But also the entire labor dispute process from creation to extinction start to study almost no journal articles. Therefore, this paper from the start with the root causes of labor disputes, non-litigation of labor dispute settlement mechanism to study the internal structure, and then find effective ways to resolve labor disputes. From this point of view, different perspective and previous studies.
Keywords/Search Tags:Labor disputes, mediation, reconciliation, Arbitration
PDF Full Text Request
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