Research On China’s Collective Contract Dispute Settlement System

In recent years, with the nationwide implementation of the collective contract, the number of signed collective contracts continue to rise, led to a high probability of the occurrence of collective contract dispute. As such, an effective collective contract dispute settlement system has functions to ease the tension between the labor and the management, protect labor rights, promote the harmonious development of enterprises and keep economic growth. Collective contract dispute settlement system in China is the general term of the contract dispute on collective negotiation, mediation, arbitration and litigation system. The system expose problems in the operation, the system does not adapt the current status of collective contract labor relations, therefore, it needs to be reformed.In addition to the introduction and conclusion, this article is divided into four section:The first part expounds the theories of the collective contract dispute. Describes the general classification and the function of the collective contract dispute settlement system. Different types of disputes suit diverse procedure. Right disputes apply to arbitration or litigation procedure, and interest disputes apply to negotiation or mediation procedure. They are effective means to resolve collective contract disputes.The second part is an analysis of the dispute settlement system on China’s collective contracts’ problems, from the relevant legal provisions to the actual operating results. On the legal provisions’ part, the problem is that its provisions are too principle to maneuverability. On the operating results, the resolve of the collective contract disputes should focus on efficiency, but the current system constrains the collective contract dispute been resolved quickly, to some degree, it is also a waste of arbitration and judicial resources.The third part describes the United Kingdom, Germany and the United States of America’s specific systems in solving collective contract disputes, such as the UK’s ACAS system, internal negotiation handler system in Germany and USA’s voluntary arbitration and compulsory arbitration system. Summarize the advantages of these countries, e.g. attach importance to the controversies’ talk over, give final effect to the arbitral procedure. Advanced experiences of these countries contribute to China’s collective contracts dispute settlement system’s improvement.The fourth part of the program is about the relevant comments in improving China’s collective contract dispute settlement system. Firstly, judicial and non-judicial procedures both are effective means to resolve collective contract dispute. secondly, should focus on the efficiency of the collective contract dispute process.