Research On The Labour Dispute Resolution System And Procedures Of The People's Republic Of China

Since the reform and opening up in 1978,China not only has been actively promoting the construction of the motherland,but also has been committed to the construction of Labor Law.With the return of The Arbitration of Labor Dispute as well as the implementation of relevant laws and regulations like Labor Contract Law of the Peopled Republic of China and Mediation and Arbitration of Labor Disputes Law,China has stepped to a new stage in labor legislation.To safeguard the legitimate rights and interests of employees,China has formulated the pattern characterized by"consultation,mediation,first ruling and second trial" to deal with labor disputes.The pattern has played an active role in dealing with labor disputes.As society and economy develop,the types of labor disputes are also developing.Therefore,the current settlement mechanism of labor disputes does not meet the needs of economy and society development any more.How to give full play to the advantages of each system in the settlement mechanism of labor disputes,and avoid the existing shortcomings to make the settlement mechanism solve disputes in a fair and just way as well as better safeguard the legitimate rights and interests of both parties in labor relations,has been the key to the optimization and perfection of China's labor dispute settlement mechanism.The paper is divided into five chapters.In the first chapter,based on the current researches at home and abroad,the significance of the topic selection and the research goals are determined by introducing the background of the topic selection.In the second chapter,starting from labor disputes,the definition and characteristics of labor disputes are elaborated.On this basis,the characteristics of China's labor dispute settlement mechanism are studied.In this chapter,the basic framework of China's current settlement mechanism of labor disputes is clearly presented,and the necessity of labor dispute settlement mechanism is analyzed.In the third chapter,by investigating the settlement mechanisms of labor disputes in the United States,Germany,France and Japan,the importance of non-litigation system in dispute mediation to perfect labor legislation,classify labor disputes,and establish specialized institutions to settle labor disputes for efficient settlement of labor disputes is elaborated,which could be a reference to China's settlement mechanism of labor disputes.Chapter four summarizes the achievements made by China in building Labor Law,and analyzes the existing issues in the relevant systems by describing the system construction,institution construction and team construction of China's labor dispute settlement mechanism in recent years,and the shortcomings of China's current labor dispute settlement mechanism are also summarized.In Chapter five,based on China's realities,some reasonable suggestions,such as to rebuild the mediation system of labor disputes,to give full play to the role of mediation,to return the independent status of arbitration institutions and to promote the precise development of litigation system,are put forward by drawing from the running systems of other countries.The settlement mechanism of labor dispute in China is promoted to be "automated" in consultation,"administrative" in mediation and professional in "court",making efforts to build a harmonious socialist society in China.