Improve China’s Labor Dispute Settlement Mechanism Research Before Litigation

Along with the continuously perfection of the market economy system and the extended reform of enterprises,labor-capital contradiction are intersified,and a large number of labor dispute cases pour into the babor dispute arbitration institution and the people’s court in recent years.This leads to the backlog of cases which is bad for the protection of the employers’interests. The task of hardling labor disputes becomes increasingly difficult and the bitterness between both sides becomes deeper.The unadeptable situation between our labor dispute processing mechanism and market economy rules has become increasingly appareng.Since the enforcement of "Laber Dispute Mediation and Arbitration Law of the People’s Republic of China"in may1.2008,the mechanism of labor disputes which covers negotiation,mediation,arbitrationand litigation is confirmed by the law.The new law,with the original mechanism unchanged,perfects or reforms some concrete systems which are more controvertial.However,there is no significant change as to the procedure in the new law,especially the processing mechanism before litigation.This makes the difficult of the legal rights safeguerding still exists. How to further improve the labor dispute processing mechanism before litigation,so that the employers’interests could be protected better needs to be put on a new agenda.Nowadays,our country is during an ecomomic and social transition preiod.Diving full cinsideration to the workers’point of view by taking both sides’perspective into aceount as well,we need to issue some relative regalations and adopt legal and efficient procedures,in order that the labor cintradictions could be resolved as soon as possible and the labor relations developed along a dealthy and orderly economic path. The theory could be divided into four parts.Part one is an orerview of the labor dispute processing mechanism before litigation,which covers the concept,characteristics,historical development as well as the elaboration of its contents and advantages.Part two describes the pre-trila labor dispute processing mechanism in some developed country and areas.Through the above description,a practice suitable for China’s conditions is to be learned.This part analyzes the above mechanism in American,Frand, Japan and Germany,ete.By comparision,a reasonable and efficient rules,which provide profitable experiences for China’s related system,are concluled.Part three presents the limitation of China’s current pre-trila labor dispute processing mechanism by studying its operation.For example,mediation and arbitration are purely for ornamental purposes;Arbitration is set up before litigation and its means are simplified;Avariety of dispute settlement mechanisms are not harmonious with each other,which leads to a repeatable waste of resources;There is a time limitation period for arbitration and so on.Part four provides recommendations as to how to reconstract and improve China’s defective pre-trial labor disputs processing mechanism and the reconstuction part is also the research focus.