Diversification Settlement Mechanism Of Homemaking Dispute

With the development of society and economy, people’s living standard has beenimproved greatly. Meantime, the pace of work is speeding up; life pressure is increasing;family structure is changing; working couples are getting more, in addition, our countrybegins to enter an aging society. So more and more people begin to lay stress on the quality oflife, asking for liberate from house working, which provides a broad space for domesticservice industry to develop.Domestic service industry develops rapidly, at the same time, for some reasons, it causedseries of disputes, which blocks domestic service industry from long-term development. Thedisputes have to be solved properly for homemaking industry’s long-term development.At present, our country solves homemaking dispute mainly by reconciliation, complaint,and lawsuit between the parties. But because of the parties’ qualities, association’sunderstanding to the disputes and difficulties in taking evidence, etc., most of the disputeshave not been solved properly. Therefore, it has to perfect the diversification disputeresolving mechanism, perfect the solving patterns in homemaking dispute. It’s to establishharmony diversification dispute resolving mechanism by taking industrial associationmediating as main method, while special agency’s solving and lawsuit as supplement, thereby,domestic service disputes get properly solved and system guarantee is provided forhomemaking industry’s long-term development.The article mainly includes four parts except preface and epilogue.The fist part briefly introduces concept of homemaking disputes. Firstly, it introducesconcept and current situation of domestic service, then extends concept and characteristics ofhomemaking disputes, and states the reasons why homemaking disputes caused and meaningto solve it.The second part discusses the current situation and related thinking of homemakingdisputes solving system. Firstly, it introduces legislation situation of domestic service industryin developed countries and regions, including the Philippines, New Zealand, Thailand,Hongkong and Singapore. Secondly, it introduces legislation situation in our country. Thirdly,it discusses three solving methods in homemaking disputes in our country now, includingcompromise settlement between parties, solving by association and by lawsuit. It alsomentions the flaw and shortage in these three methods. The third part is the principal part, the main content of which is to establish and perfectdiversification dispute resolving mechanism. This part is divided into two aspects, first is tointroduce the experience of solving homemaking dispute home and abroad, learningsuccessful experience from Philippines, Hongkong, and Singapore. Second aspect is toestablish and perfect diversification dispute resolving mechanism of our country, mainly withfour points. First point is to establish mediation form taking domestic service industryassociation as subject, clarifying the reasons why the people’s mediation does not fit forsolving homemaking dispute and the advantages of industry association’s mediation, tocomplete the program of industry association mediation. Second point is to establish specialagency under Labour Management Department to solve homemaking dispute, and discuss itsfeasibility and the methods taken to solve disputes. The third point is to clarify that arbitralmethods could not be used to solve homemaking disputes according to arbitration scope ruledby arbitration law. The fourth point states that civil litigation should be strengthened, mainlyto solve the litigants, jurisdiction, the burden of proof distribution, and so on of homemakingdisputes, and related legal proceedings should be completed to make litigation the final wayto solve it.Lastly, it puts forward legislation conceive in domestic service relation, mainly includingtwo sides: to publish Labour Law and better insurance system.