The Study On Construction Of Labor Dispute Arbitration Property Preservation’s Program In China

Because of the particularity of labor relationship, the dispute of labor affected the economicdevelopment, social stability and so on, so the problem about the dispute of labor issue has been alwaysattention to the public. With the reform and the opening to the outside world in China, nowadays, the swiftspeed of economic development and the degree deepening of integration caused huge impact to the laborrelationship with the development of the labor relationship in long term stagnant condition. Then thecharacteristics of the dispute of labor such as extensive range, extended type of dispute and the intricatecontradictions were directly leaded to appear. The arbitration system of the labor dispute as an effectivemeans in resolving labor disputes will go against with more and more challenges. The promulgation of“labor dispute mediation and Arbitration Law” has the huge influence to the system, but anything perfectwill not be accomplished at one stroke. For example, the law has not yet set out about whether to be in thelabor dispute arbitration stage for property preservation or not, The labor dispute arbitration system inpractice still need to be improved. In this paper, the author intends to start with the labor dispute arbitrationsystem, combining Chinese national condition and the present legislative situation, drawing the lessonsfrom the foreign related data, giving the comparison of procedures applicable between different legaldepartments for preservation of property and labor dispute arbitration legislation security, discussingnecessity and feasibility of the construction of the labor dispute arbitration property preservation, and theperfect the property preservation program of the labor dispute arbitration.In addition to expound the reason of problem of study and give the summary of result of study, thispaper has four parts.The first part includes two sections. The first section gives the general introduction of the Chineselabor dispute arbitration system, and the second section explains the quality, principle and the scope ofapplication of Property preservation program.The second parts will first search the related regulations of national laws on labor dispute arbitralproperty conservation, then commenting on the attempt of the Chinese local regulations on labor disputestage for property preservation, and the regulations in Guangdong and Jiangsu etc. The third parts has two sections, the first section expounds three aspects on the environment of thelabor dispute arbitration property preservation, the necessary means in protecting for workers’ rights andinterests and the unique excellence program, then gives the arguments about the necessity of making up theprogram of labor dispute arbitration property preservation. The second section will analyses the qualities ofrights of the labor dispute arbitration and the preservation program of the labor dispute arbitration, due toprove the feasibility of construction.The fourth part expounds the specific operation of the construction on labor dispute arbitrationproperty preservation program, including with applicants’ qualification, principle of not provide security,jurisdiction, relief, revocation and content etc.