Study On The Mechanism For Solving The Labor Group Disputes

With the rapid development of China’s social transformation and the economicstructure, the incidence of labor group disputes rising year by year, dispute form ismore and more, social influence is more and more widely, dispute resolution is moreand more urgently needed. The legal action, which is acts as the last line of defense toresolve disputes and plays an important role in preventing and resolving labordisputes in the process.In order to cope with the increasingly frequent labor group disputes, most countriesin the world are in the construction of the corresponding labor group litigationsettlement mechanism. Due to the legal system, the differences between thetraditional culture and the realistic national conditions, countries on the choice oflitigation patterns are different. For example, the America adopt class action mode.The Germany takes the collective litigation. The Japan adopts designated litigantsystem. The items stipulated in Chinese law is the representative litigation mode. Infact, China’s legislation on the regulation of representative lawsuit content, deficientleading to its operability is not strong. At present our country many mass of labordispute are not timely and effective, which is harmful to the social order. In order toachieve maximum resolving group dispute, the stability of the society, to find suitablefor the situation of our country’s litigation settlement mechanism is urgently needed.The writer study that what is the most suitable labor dispute resolution system inChina based on the practice. The article aims to provide theoretical reference forChina to solve labor disputes by the comparison of foreign countries’ labor grouplitigation, which includes the conditions, characteristics and the advantages. It alsostudies our country’s practice strategy of the settlement of labor dispute taken bygrassroots courts to highlight the fact that the test action is the most effective way to solve the labor dispute in China. The paper finally puts forward the direction ofbuilding a labor group test action mode.