Research On The Arbitration Mediation System Of Labor Disputes In China Based On X District In Beijing

Labor relations is an important part of production relations and one of the most basic and important social relations.Labor disputes is an inevitable result of the operation of labor relations.Naturally,they have the property of undermining social stability and industrial stability.How to effectively resolve labor disputes and ensure that labor relations is in a stable state of operation is a common problem faced by all countries and regions in the world and needs continuous research and discussion.Looking at the labor dispute settlement system in Western developed countries,mediation has become a trend.Since the founding of our country on October 1,1949,our country has gradually formed a labor dispute settlement system of "one mediation,one arbitration and two trials."Specific methods include negotiation,mediation,arbitration,and litigation,of which labor dispute arbitration is a compulsory pre-procedure for litigation.The authority and quasi-judiciality of the Labor and Personnel Dispute Arbitration Court,and the free handling of cases,made it the preferred dispute resolution agency for majority of labor dispute parties and became the focus of labor dispute cases.At the same time,China has vigorously promoted the "Great Mediation" mechanism in the comprehensive management of society.Arbitrators of the Labor Dispute Arbitration Court have increasingly played an important role in the mediation of labor disputes in the handling of labor disputes.Mediation of labor dispute arbitration has become a distinctive labor dispute handling mechanism in China.Then,what is the status of labor dispute arbitration mediation in practice? What are the factors that affect mediation in arbitration and what are the current challenges? What is the rationality of this system design? How to improve this system? For these issues,this article mainly explores specific issues through literature research,normative research and empirical research,and finally attempts to give recommendations.Among them,empirical research is mainly conducted through in-depth investigations in the X District Labor Dispute Arbitration Institute in Beijing,and through the participation of observations,interviews,questionnaires,and case analysis to collect data.Firstly,in the introduction part,this article reviews the research of the labor dispute settlement system in China.The review dimensions mainly include the institutional logic of labor dispute arbitration mediation,the current research topics,and corresponding comments.In the empirical analysis,the author combined nearly three months of internship investigations in the District X Labor and Personnel Dispute Arbitration Court in Beijing,mainly concerning the procedural practices,principles,techniques,convergence mechanisms,influencing factors,legal effects,and supervision of labor dispute arbitration mediation.The mechanism issues were analyzed one by one,and micro-analysis of the factors influencing arbitration mediation was conducted through data.In practice,the current problems and challenges in the arbitration system for labor and personn el disputes mainly lie in the following aspects:(1)From the perspective of the internal management of the Labor and Personnel Dispute Arbitration Court,the number of cases is a common problem in recent years.This issue has caused many other issues,such as the training and development of arbitrators;and(2)factors influencing the success of case mediation.Since mediation is a process of tripartite interaction,is the law of case mediation successful? Is it possible to standardize arbitration mediation mechanisms to some extent?(3)Whether the connection between labor dispute arbitration mediation and other dispute resolution mechanisms is smooth.The problem of institutional convergence is related to the top-level construction of the entire labor dispute handling system in China.The integrated system is conducive to the effective resolution of labor disputes and the full use of institutional resources.Finally,the article proposes relevant policy recommendations on the improvement of the labor dispute arbitration mediation system from the perspective of system standardization and organization management and summarizes the research limitations and future research prospects of this article.