Analyzes Construction In China Labor Dispute Classification Processing Mechanism

To maintain the harmonious and stable labor relations, is the inherent requirement of a harmonious society, also is the ultimate goal of labor legislation and judicature in our country. With the development of market economy in our country, labor disputes occur frequently, labor dispute handling procedure is relatively long and complicated, highlighted its defects, and it is necessary to reform. Build a scientific and reasonable, simple and efficient classification of labor dispute processing mechanism, will help decrease the cost of rights, improve the efficiency of processing, balance the collective interests, so as to achieve the purpose of promoting the harmonious development of labor relations.This article is divided into four parts, about 20000 words:The first part expounds the concept of labor dispute, classification and the characteristics of labor dispute in China. In theory, the concept of labor dispute have said subject scope, generalized narrow and exercising dispute right and other point of view; Disputes exist and rights disputes, interests and individual disputes and collective disputes’ s two most important categories. In our country, labor dispute is to show laborer and unit of choose and employ persons arising from the labor rights and obligations between the controversial; From the point of view of legislation, collective disputes include belongs to the interests of the sign, change, remove the collective contract dispute, and belongs to the rights of the performance of the collective contract dispute, right dispute involves individual disputes, group disputes and the performance of the collective contract dispute. Analysis from 2010 to 2013 statistical data of labor dispute cases, labor disputes in our country present a high rise, year by year.The second part analyzes the present situation of our country labor dispute processing. Our current is a too limitations and part of the case of "direct prosecution", part of the case of conditional "a ruling" combination of mixed mode. However, this mode of operation is not fully adapt to the development of the society, fall into the predicament of the reality: consultation system functions, the status of inequality; Mediation system become a mere formality, the lack of dominant power; Arbitration system, security administration, litigation tendency is obvious; Lawsuit system, the case quantity expansion.The third part studies the labor dispute processing system in the developed countries and districts. Will it to distinguish between individual and collective dispute processing mode of Britain, France, to distinguish the right dispute and benefit dispute processing mode of Germany, the United States and our country Taiwan area, through the comparative study of two modes, it is concluded that the common law are: according to the different types of labor dispute with different processing procedures; Dispute resolution in the emphasis on both sides of Labour and capital and the participation of the competent government authorities; Simple and quick mediation and arbitration is the main way to resolve the dispute, the significance of reference to the perfect our country labor dispute processing mechanism.The fourth part discusses the perfect and reform our country labor dispute processing mechanism of route choice. Classification of labor dispute processing mechanism was put forward reasonable Suggestions: first, consummates the current dispute processing mechanism, including the establishment of collective negotiation mechanism, establish a government mediation mechanism, the establishment of an independent labor arbitration court, setting up specialized labor division; Second, according to the type of labor dispute, to establish the classification of the diversified processing mechanism, concrete system design for: to exclude interest disputes in litigation; Right benchmark of small, individual dispute "mandatory arbitration, a ruling" and other individual dispute implement "a cut of first instance, the arbitration front", when the concurrence of all kinds of disputes, are enforcing "or cut or, their final review", group dispute and performance of the collective labor contract dispute "just doesn’t cut, two-tier appellate review".This paper adopted literature comparative analysis and empirical analysis, makes every effort to realize the combination of theory and practice, feasibility and maneuverability strong, such as target, makes every effort to promote the process of legislation of labor dispute processing.