On The Labor Dispute Resolution Mechanism In The Stage Of Urbanization

Recent years, with rapid development of urbanization, lots of peasants have moved to towns and got employed in industry and services field.Amounts of labor disputes have emerged since more and more labor relations have been established and so have the contradiction between all the interests subject, which will have a bad effect on social stability if not be solved in a prompt and effective way. Therefore, according to the specific issues of labor disputes, establishing a suitable labor dispute solution mechanism is the basic institutional guarantee to promote a sound development of urbanization. Many laws and regulations have been enacted to solve the increasing labor disputes in China, and the relatively perfect labor dispute solution mechanism has been gradually established.However, on the current practice situation, our current labor solution mechanism still has the defects and deficiencies, which cannot effectively resolve the much more complicated and tedious labor contradictions resulting from promoting the process of urbanization. So establishing a more perfect labor dispute solution mechanism to accelerate a sound development of urbanization has become the urgent issue.This article is divided into four parts to explain how to perfect the labor dispute solution mechanism in the area of rapid development of urbanization except introduction and conclusion.The first part is about the influence of our rapid development of urbanization on labor dispute solution mechanism. It presents some theories of urbanization, and demonstrates that our country is in the period of rapid development of urbanization, in which it analyzes the features of the labor dispute and suitable requirements to establish the labor dispute solution mechanism.The second part is about the inadaptation of our current labor dispute solution mechanism in the background of urbanization. This part gives a brief introduction of the current situation about our labor dispute non-litigation solution mechanism, litigation solution mechanism, and the connection solution mechanism between litigation and non-litigation. Besides, it analyzes the features of the inadaptation of the solution mechanism in the urbanization, such as the absence of negotiation mechanism, the failure of mediation mechanism, the incapability of arbitration mechanism, the weakness of litigation mechanism and non-connection between litigation and non-litigation mechanism, with which the labor dispute cannot satisfy the litigants’needs and cannot adapt with the development of urbanization.The third part is about the evolution and enlightment of labor dispute solution mechanism during the urbanization in other countries. It analyzes the evolution of labor dispute solution mechanism during the urbanization in Germany, Britain and France and concludes the advanced experiences for improving our labor dispute solution mechanism during the urbanization.The forth part is about the suggestions for improving our labor dispute solution mechanism to adapt with urbanization. It simply demonstrates the link between efficiency and equity in labor field, and suggests that equity and efficiency should be unified to improve our labor dispute solution mechanism, with which our labor dispute solution rules could be designed. With these suggestions, such as doing the negotiation well, making the mediation function, making the arbitration strong, doing the litigation precisely and building the cohesive mechanism between non-litigation and litigation, our current labor dispute solution mechanism could adapt with urbanization.