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Labor Dispute Cases Before The Court In Our Country The Problems And Countermeasures

Posted on:2015-02-07Degree:MasterType:Thesis
Country:ChinaCandidate:L L LiFull Text:PDF
GTID:2266330431451812Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
With the rapid development of national economy in our country, the process of our rule of law also made significant progress, but in our country in the field of labor relations, labor employment form is from simplification to complication, pay of worker of unit of choose and employ persons defaults exist for a long time and so on phenomenon seriously affect social stability.Especially at the end of each year, local governments invest a lot of police and department of "stability", letters and visits, the courts, the labor department and other units of the relevant staff for workers unpaid, but there is no corresponding laws, regulations, on the basis of this measure, is a kind of government and other departments only temporary emergency measures, the existence of the above problem is also a kind of abnormal phenomenon, explain to solve labor dispute in China has not yet formed a fixed, mature and effective system of our country is now on the implementation of labor relations handling mechanism is not sound.Because our country about labor corresponding laws, regulations and judicial interpretation is always lagging behind the judicial practice, so our ZhongCaiwei and court should be innovative in practice, constantly practice, for our country in the legislation experience in the field of labor dispute processing. Will be from6cases of labor disputes, this paper analyses the existing in the judicial practice of entity and procedure, thorough analysis from the perspective of micro to macro and labor ZhongCaiWei judicial practice field problems of each other, for our country in the field of labor relations to build efficient, orderly and fair processing mechanism provides the basis of the legislation of labor relations, to build with Chinese characteristics of labor dispute processing system.This paper mainly analyzes the court on the trial of labor dispute cases exist various problems, finally find out the crux of the problem is that our present labor dispute processing mechanism does not adapt to the development of The Times, and between people’s needs, so the reform of the present labor dispute processing system is imminent, and unified our country existing labor laws, regulations and judicial interpretation, to establish a new type of processing system to achieve the high efficiency, fairness and order of labor dispute cases deal with.
Keywords/Search Tags:Labor dispute, Labor relations, Substantial problem, proceduralproblem
PDF Full Text Request
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