On The Perfection Of Alternative Dispute Resolution Of Labor Disputes In China

The normal labor relation is the immanent demand of harmonious society, and the labor disputes mean the anomie of labor relation. It is necessary to build a set of scientific, efficient and thorough mechanism to resolve it. However, Chinese government had paid enough attention to the Alternative Dispute Resolution, since the new arrival of Law of the People’s Republic of China on Mediation and Arbitration of Labor Disputes enacted, which made an effort in strengthening the mediation and improving arbitration, but it seems not to attain the expectation.In Chapter one, the author deduced the social labor problem from two canonical cases that make us think and get further analysis. In chapter two, the author analyzed why the ADR did not employed adequately. Firstly, bias exists in ideas of labor relation, and the nature of private in the labor law was ex parte emphasized, which deduced many shortcomings. Secondly, the beneficiary relationship among the labor union, government, arbitration agency and court brings to dislocation of functions. In Chapter Three, the author expounded the labor disputes resolution of German, Japan and America, including their respective different processing mode under distinct economic and cultural background. However, the three states had something common which they make full use of ADR. It can be regarded as reference to advocate that we build classification processing mechanism and adhere to the "three parties principle" in the labor disputes resolution, even combine the resources of the litigation and non-litigation. In the chapter four, the author indicated the efficiency maximization based on the guarantee of the realization of Justice. The processing mode for collective dispute was oriented as government-led, mediation-based, supplemented by arbitration, while individual dispute was oriented as administration mediation, socialization arbitration-based supplemented by lawsuit.