Study On The Operation Difficulties And Perfecting Countermeasures Of China's Labor Dispute Resolution System

The "Labor Dispute Mediation and Arbitration Law of the People's Republic of China" promulgated and implemented by China on May 1,2008,based on the relevant theories of the civil and commercial arbitration system,for the first time,established a mechanism for resolving labor disputes with Chinese characteristics."system.This system clearly stipulates that the application of a ruling system for the labor disputes such as recourse to small labor disputes and the implementation of national labor standards is aimed at protecting the legitimate interests of the weaker workers in labor relations,at the expense of sacrifice.At the expense of the employer's right to appeal,part of the labor dispute case will be finalized in the labor arbitration procedure.It is an important reform of China's labor dispute handling mechanism,and has achieved certain results in solving labor disputes.However,due to its own system design flaws,it has also highlighted many problems in the course of its operation.At present,it has not yet reached the expectations and assumptions of legislators.It has practical significance and research value for its research.This paper mainly elaborates on the system of China's labor disputes and finals from four parts.The first part mainly introduces the basic theory of the system of labor disputes in China,and introduces in detail the concept,scope of application,judicial relief and characteristics of a system of finalization.The second part analyzes the current situation and predicament of the current system of China's final ruling system by citing the statistical data of the handling of labor dispute cases in the country and combining the specific cases applied in a specific district to the final ruling system.The third part combines the dilemma of a system of finalization in practice,and fully summarizes and analyzes the reasons for its operational dilemma.The fourth part puts forward its own opinions and suggestions on the dilemma of the current system of labor disputes and the finalization of the system in China.At the legal level:First,expand the scope of application and clarify the legal provisions;second,give equal rights to both parties to labor disputes;third,implement a "or ruling or lawsuit" mechanism for labor dispute cases.At the implementation level:First,it is clear that the collective labor dispute cannot be applied to the "one final decision" system;the second is to strengthen the construction of the arbitration institution and improve the status and professional quality of the arbitrator.