Study On The Scope Of Accepting Cases Of Labor Disputes

As the world's largest labor-intensive country,China is deepening its reform of economic systems and completely transforming its economic structure.In this country,state-owned enterprises and institutions are being restructured.Private enterprises are expanding their businesses,adjusting economic structures and making more diverse choices of employment available to workers.Therefore,labor disputes generally tend to increase while becoming more diversified,novel and intensive.To a large extent,harmony,stability and long-term peace of society are impacted by dissolution of the labor disputes.If bothparties involved in a labor dispute fail to dissolve it through negotiation,it is firstly necessary to identify the scope of case acceptance for labor disputes,because it would impact and restrict subsequent complaint and acceptance.It is critical for guaranteeing smooth remedies for labor disputes by identifying their scope of case acceptance.However,judicial personnel always question if some cases of labor disputes and particularly some new cases shall be accepted or not in handling them.This reflects that the scope of case acceptance hasn't been clearly defined for labor disputes or it is only defined in a narrow sense in Chinese laws.In Part 1,basic theories on the scope of case acceptance for labor disputes are introduced.This part mainly includes a summary of aforementioned scope of case acceptance,historical evolution,necessity and significance for exploring the scope.In Part 2,deficiencies in the scope of case acceptance are discussed.This part describes China's lack of concerns about guaranteeing lawful litigation rights and limitations of specific legislation concerning the scope of case acceptance.It specifically analyzes if several controversial labor disputes should be included in the scope of case acceptance or not.In addition,some problems such as inconsistence between China's labor arbitration and vague procedures for accepting labor disputes arising from invalid payment orders are analyzed.In Part 3,the scope of case acceptance for foreign labor disputes is introduced and evaluated.After an analysis and evaluation of the scope of case acceptance for German,French,British and Japanese labor disputes,some complete lessons are drawn for improving the scope of case acceptance for Chinese labor disputes.In Part 4,several superficial suggestions are proposed for improving the scope of case acceptance for Chinese labor disputes.Firstly,keep on adopting positive laws as evidenceswhile taking concepts of equity and justice into account.Secondly,learn from foreign countries in terms of their identification of the scope of case acceptance for their labor disputes.Thirdly,improve concrete rules about the scope of case acceptance for labor disputes.Fourthly,reinforce connections between labor arbitration and scope of competence for labor litigations.Fifthly,improve procedures for accepting labor disputes after payment orders become invalid.Sixthly,expand the scope of case acceptance for labor disputes on the whole.