Research On Cooperative Governance Labor Dispute Dealing

At present, China’s development is in the important period of strategic opportunity. While the economic and social development is continuously progressing and the industrial restructuring and upgrading is accelerating, labor-capital relations are getting more complex and disputes more various. Changes of labor-capital relations have posed some pressure and challenges to the governance system currently in effect. Theoretically and practically important is how to innovate the system to neat up the mechanism of tackling the disputes between labor and capital so as to provide a better protective umbrella for China to speed up the transformational development of the economy and society.This paper aims at finding out methods from the advanced theories to address the problems in real life and providing a quotable theoretical basis for the innovation of dealing with the disputes between labor and capital. And the paper whose principal part lies in the cooperative governance of labor-capital disputes employs the research methodology of combining the qualitative analysis, case analysis, systematic analysis and document analysis; it displays a full demonstration and study on how to perfect the mechanism of the cooperative governance for the labor-capital disputes by linking theories with practice.Firstly, proceeding from the background and significance of the study on labor-capital disputes, the paper gives an overview of the domestic and foreign research results on them. It then details the fit theory among the theories of labor-capital relations, labor-capital disputes and cooperative governance. Besides, it puts forward that the cooperative governance for labor-capital disputes is to establish a comprehensive mechanism for the negotiation and mediation of them, combine the negotiation and mediation which are currently applied to handling the labor-capital disputes, and enable governmental forces, nongovernmental forces and laborers themselves to participate in the negotiation and mediation with the protection of public power. Meanwhile, the paper analyzes the connotation, features and functions of the cooperative governance for labor-capital disputes, which lays the theoretic foundation of the paper’s essence.Secondly, taking the area where the writer works as an example, this paper introduces the general situation and the status quo of labor-capital disputes there. And it finds out that the dominant problems of settling them are the modest social recognition posed by the uncertainty about the subject in the mediation and the lack of self-recognition resulted from inactive participation. Later, it comprehensively analyzes the reasons for the two problems:the government’s idea of "all-round governance" has been ingrained; there is still large room for the government to improve the management system and intensify its support; there exist problems of trust and competence within the organization of cooperative governance, thus obstructing its work.Lastly, this paper proposes some pertinent and constructive strategies:the first is to enhance the level of rule of law, consummate the laws and foster the idea of cooperative governance; the second is to invest in funds, professionals and information through the external support so as to enrich the connotation of cooperative governance; the third is to ensure the implementation of cooperative governance by optimizing the system of right and responsibility...