The Perfection Of Our Country Labor Dispute Processing Pattern-from The Perspective Of Action Prevention

Labor-capital relationship consists of employee and employer,who create surplus valuetogether. The stability of Labor-capital relationship is directly related to social stability andeconomic development.After implement of labor contract law, labor dispute litigation greatlyincreased.Labor dispute lawsuit has two characteristics，on one side,labor’winning rate is varyhigh,on the other side,Laborer liquidity is bigger,After the occurrence of labor disputes, it’s difficult toconsume a lot of time in the same place to safeguard legal rights.The current labor dispute processingmechanism set too many limits to labor’s right safeguarding,which makes many workerseventually can only choose to give up rights.Therefore, through the reasonable mechanism toprevent labor disputes is very necessary.Labor dispute prevention in accordance with the lawof the two most basic value, effectiveness and equity.Through the analysis of the economics tothe labor dispute lawsuit prevention,We found that too much labor dispute is not inconformity with the principles of economics.too much labor dispute is t counter to thetraditional litigation culture in China.Western countries attache great importance to labor-capital relations,and Set differentinstitutions and procedures to deal with labor dispute.The United States sets the official andunofficial institution of labor dispute of parallel mechanism.The UK has the characteristic ofemployment tribunal and administrative departments to work together.Germany sets specialprocedure and is limit to appeal.France establishes the trial and mediation as one of themediation committee.The current labor dispute processing mechanism mainly has manydisadvantages,An awkward labor dispute arbitration committee,Arbitration and litigationconflict with each other,zero charge arbitration and litigation system guides the parties choosenot reasonable litigation,Tripartite mechanism does not play its proper role,Administrativeenforcement remains to be strengthened.Aiming at the shortcomings of the current labordispute processing mechanism,Academia put forward some reform measures, but there areinsufficient or need to be improved.Reasonable reform mechanism should be divided into twosteps,realistic choice is to rationalize the arbitration and law suit mechanism and strengthenthe administrative law enforcement,Long-term considerations need to change the current labordispute processing mechanism.