Economic Analysis Of Chinese Labor Dispute Mediation And Arbitration Law

With the continuous reform of China’s social and economic system,the connotation of labor relations has become diversified and complicated,and the awareness of workers’ rights protection has also been significantly raised.Therefore,labor dispute cases have been frequent in recent years.However,due to the differences between labor disputes and general civil disputes,it is necessary to have appropriate dispute resolution mechanisms to properly solve the labor dispute cases.In order to meet the need of handling labor disputes in our country,settle labor disputes in a fair and timely manner as well,On May 1,2008,"Labor Dispute Mediation and Arbitration Law of the People’s Republic of China" came into effect formally.This law provides for detailed rules on labor mediation and the resolution of arbitrations.The promulgation of this law is of positive significance for the effective solution to the labor dispute in our country.However,there are many scholars questioning the efficiency of the system of labor dispute resolution under the guidance of labor dispute mediation and arbitration.This article analyzes the issues related to labor dispute mediation and arbitration system and labor dispute settlement system from the point of view of law and economics and puts forward some countermeasures and suggestions to improve labor dispute mediation and arbitration law.In the study,first of all,it introduces the historical evolution and main ideas of Marx’s theory of labor relations,and provides theoretical guidance for a correct understanding of the relationship between labor and capital.After that,it summarizes the theory of labor relations represented by the neo-classical school and the new institutional school in western economics,and analyzes the main causes of the labor relations and labor-management conflicts and labor disputes under the labor market mechanism.On this basis,the cost-benefit analysis of the Labor Dispute Mediation and Arbitration Law.Through analyzing the data of labor dispute handling cases and combining with the most commonly used methods of cost and benefit analysis in law and economics,this paper clarifies the costs and benefits of labor dispute mediation and arbitration respectively,which provides the basis for how to effectively allocate legal resources and improve the efficiency of law operation.After a detailed analysis of the system of labor dispute settlement in our country,we select three existing types of labor dispute handling systems that are represented by the United States,Japan and Germany as comparative examples,and find out the lessons we can learn from the system comparison.Based on the results of previous research and analysis,in the last part,we give advice from two aspects to improve China’s labor dispute mediation Arbitration Law: First,improve the labor dispute mediation Arbitration Law related to the proposed legislation,starting from the system itself to modify to meet the current labor dispute handling the new requirements and new challenges;The second is to improve the implementation environment of the Labor Dispute Mediation and Arbitration Law,and improve the efficiency of labor dispute handling from three aspects: government,enterprises and workers,and ultimately achieve the effective allocation of legal resources and the harmonious and stable labor relations.