The Improvement Of The System Of Handling Labor Disputes

With the development of socialist market economy, great changes have taken place inChina’s labor relations. To construct the harmonious labor relation, reduce labor disputes, hasa very important significance to China’s economy stable and sustainable development. Inrecent years, the number of labor disputes in China increased, the current labor disputesettlement system has exposed many problems, it is necessary to reform. China’s current labordispute handling system in the implementation of " processing mode for a cut of second",negotiation, mediation, arbitration and litigation and other processing mode setting thispattern, which is common with the labor dispute processing abroad, it reflects and reveals thegeneral idea of modern labor dispute processing. In practice, many years depending on theimportance of mediation, interlocking pattern, we properly handle a large number of labordisputes, but the design which is more reasonable operation of the system in the reality is notvery ideal, at least it does not reach the design requirement and the expected effect, still needto be improved.This paper mainly adopts comparative analysis, and strives to make true reflection to thelabor dispute handling system, to make objective analysis for the existing problems, to makethe evaluation for the domestic and international experience and practice, to make the rightjudgments for the direction of reforming. For example, it is necessary to establish a labordispute mediation mechanism led by the government of the labor department, in order tohighlight the effectiveness of mediation. The labor arbitration committee for socialtransformation, so that its neutrality and professionalism. Labor trial mechanismreconstruction, in order to it is not policy, not stylized and special for the direction ofreforming. The judicial authorities need establish contact with mediation, arbitrationinstitutions, guide the parties to be calm and rational to analysis their own ideas andrequirements, seek common ground while reserving differences, narrowing the gap, as far aspossible in order to reconciliation as first choice to solve the dispute; in addition, it isnecessary to establish labor dispute autonomic negotiation mechanism, in order to promotethe collective bargaining system to be legal, highlight the laborers’ subject position. At thesame time, any reform will move the different social relations, if you can’t handle the important, fundamental social relations, reforms must be great, it is not easy to promote andsuccess. The reform of the labor dispute processing system also faces to properly handle therelationship between four kinds of basic problems, such as fairness and efficiency, thereference of foreign experience and according to China’s national conditions, relationship tocreate new mechanisms and the use of existing resources, reform and perfect mechanism ofrelation. In short, the labor dispute handling system is not suitable for radical change, in ashort time to deliberate, long-term plan, step by step steadily.In order to protect the legitimate rights and interests of workers as the value orientationand the guiding ideology, In the design of the reform plan and the specific contents, measures,to see whether the worker protection is conducive to better the legitimate rights and interests,whether it is conducive to better facilitate the workers rights advocate, is conducive to betterdeal with labor disputes, and construct the harmonious labor relations as a standard tomeasure and trade-offs. Put forward reforming ideas from the three aspects of mediation,arbitration and judicial system, and then summarize the reforming of some kinds ofrelationships to be deal with from the coordination of the three system, the reforming includesthe conception of long-term system, the improvement of the existing system and mechanism,we hope it will protect the lawful rights and interests of workers, and construct theharmonious labor relations. As a student of studying law, I sincerely hope that China’s laborlaw continues to improve, processing procedure of labor dispute will be improved, workers’rights will be respected and get rigorous legal protection.