The Defect And Perfection Of The Labor Dispute Arbitration In China

Labor relationship basically and widely exists in China;the harmony and stability of labor relationship is directly related to the harmony and stability of the whole society.With the accelerated pace of marketization,urbanization and globalization,forms of employment have been diverse and labor relationship has been more complex.As a result,the amount of labor dispute cases is larger and increasing.After the Labor Contract Law put into effect in2008,the amount of labor cases that was placed on file by labor dispute arbitration committee at all levels was up to 0.7 million,which was twice that of in 2007.The pressure of labor dispute arbitration committee at all levels mounts because of the increasing of labor cases;besides,the contradiction between the labor cases and officials is prominent.The conflict of interests between the parties is easy to intensify,especially for the cases that are involved in collective labor.In such cases,it will bring social contradictions and affect social stability.In order to deal with conflicts,governments at all levels are implementing various solutions and delegating power to the lower levels.In reality,the stress of handling cases is eased,but profession and authority of arbitration are challenged.Various systems of mediation court need improvement and perfect.Therefore,studying and improving labor dispute arbitration system have the important practice significance.This article discusses the labor dispute arbitration system from three respects.The first part analyzes the labor dispute arbitration system;the second part analyzes the problems of labor dispute arbitration system in China;the third part raises the idea of dispute arbitration system revolution.The first part analyzes the labor dispute arbitration system.Firstly,the article discusses the health,concept and features of labor dispute arbitration.Through analyzing existing opinions and theories in the academic circle,the author puts forward his own ideas.Secondly,through data access,the article discusses the origin,development and perfect of labor dispute arbitration system.Finally,based on laws regarding labor dispute arbitration in China,the author summarizes the basic contents and features of labor dispute arbitration system.Besides,through data access,the author raises the ideas of practical operation of labor dispute arbitration system.The second part analyzes the problems of labor dispute arbitration system in China.The author combines arbitration and reality.To analyze the author's ideas,conflicts such as defect of labor dispute body,low-quality of arbitrator and imperfection of arbitration order are put forward.The third part raises the idea of dispute arbitration system revolution.The author puts forward the vision of law improvement,supporting regulation,rebuilding dispute arbitration body,management system for arbitrators,monitoring system and system revolution.