Relfection And Reconstruction Of China’s Labor Dispute Settlement Mechanism

The labor dispute is a common phenomenon in the process of economic development,and it is also a worldwide topic. Of course,especially to China which is still in the process ofthe transition to market economy. Different to British、 Japan and other markets relative todeveloped economies.China is still lack of the labor dispute settlement mechanism which isfull of the mature legislative experience and perfect the mechanisms of justice,it had to say agreat pity. Recent years China have gradually made the "labor dispute mediation ArbitrationLaw" and "Labor Contract Law" to make such a pity, but it still uses traditional arbitrationfront of processing mode in the labor dispute processing mode, which is seriously affectingthe speed and efficiency of the labor dispute,and this is extremely incompatible with China’scurrent economic development background.From the point of view of the objective analysis through the comparison of the labordispute settlement mechanism of the status quo of China’s labor dispute mechanisms anddeveloped countries,China’s labor dispute settlement mechanism is no longer to meet theneeds of China’s economic development.The character is seriously affecting speed andefficiency of labor dispute cases,and it is a waste of judicial resources, serious affecting thelegitimate interests of the parties of the labor dispute.This paper summarizes the drawbacks of China’s labor dispute settlement mechanism,and the causes of these defects depth analysis, while drawing on the basis of advanced foreignexperience to put forward a concrete way to improve China’s labor dispute mechanisms, theseapproaches not only learn from foreign advanced experience, combined with China’s specificnational conditions, China’s labor dispute settlement mechanism of the drawbacks of atargeted perfect. This paper argues that the labor dispute settlement mechanism is a systematicproject, the need for the overall coordination of the labor dispute mediation, arbitration andlitigation, and the only way to better resolve the labor dispute.