Research On The Legal System Of Guangdong Labor Dispute Processing In The Republic Of China

In the 1920 s, the national capital of Guangdong developed rapidly along with the appearance of China’s industrial modernization and labor disputes become complex. Coupled with the impact of domestic and foreign advanced theory, labor dispute legislation become imperative and Guangdong labor dispute processing system appeared.In terms of legislation, Guangdong labor dispute legislation can be divided into three stages. In the initial period(1925- 1927), the Guangzhou national government enacted The statute on Arbitration of Labor Disputes between Employers and Employees which called "the first labor dispute law”. In the development period(1928- 1937), Guangdong local government refined the national Labor dispute Mediation and Arbitration Law, improving the provisions of the labor dispute mediation and arbitration organization, procedure and effectiveness. In the declining period(1938- 1948), the national government established special law to strengthen the administrative intervention and Guangdong local government copied the special law, embodying the backward of the labor dispute legislation. ‘On the operation of the system, the problem such as the deviation of the legislation and practice appeared. The underlying reason is that the economic situation is not stable, the penetration of the logic relation of organization and the rejection of traditional legal culture of the new system. Therefore, in the process of system transplantation, we need to consider the reality of the situation and the public acceptance in order to make choices which adapt to the local development.The system has a positive historical significance, it pioneered the labor dispute processing into the orbit of the legal system in China, and promote the establishment and perfection of the system of handling labor disputes, and promote industrial coordination and social stability in Guangdong.From the Guangdong labor dispute processing system in the Republic of China,we can get reference of the present labor dispute processing system. First of all, speed up the introduction of "processing mechanism of collective disputes" to perfect our country’s current labor dispute handing system. Second, give full play to the role of "giving priority to mediation" utility to avoid such a program dummy. Finally, establish independent labor dispute processing mechanism in some areas, safeguarding the fairness of labor dispute processing.