Labor And Personnel Dispute Arbitration Institutions And The Arbitrator Team Construction

Currently, research on the arbitration institution and personnel of labour disputesin China stays only on the interpretation of clauses of the Labour Law, withoutspecialized qualitative and developmental study done. Faced with increasinglydifficult labour dispute cases, the development of arbitral mechanisms is hampered bythe indefiniteness of their nature, the unclearness of their social role, and the lack of aclear definition of arbitration acts, which may all contribute to the lack of a clear aimin their setup, and the development of arbitral personnel is hindered by the lack of aclear definition of their status which results in their being incapable of handling dailyissues efficiently.This project makes a comparative study of the models of handling labourdisputes and the institutional systems of similar mechanisms in China and othercountries. It also analyzes the current problems in the arbitral mechanisms andpersonnel development in China. It then proposes setting up a specialized arbitralmechanism independent from the administrative and judicial systems to execute thearbitral rights on behalf of social justice. The purpose of this proposal lies inclarifying the status of the arbitration institution and the development of arbitralpersonnel so as to guarantee that the arbitral mechanism and personnel will develophealthily and sustainably to play a more positive role in social management.