The Study On The Application Of Law In Labor Dispute Cases

Labor relation is the most basic and important social relation in modern society.With the continuous improvement of China's employment system and the increasingly frequent cross-border flow of labor resources,labor relations have also become a problem that needs to be faced up to.The application of law in labor dispute cases as a judicial guarantee to safeguard the rights and interests of labor and capital has received more attention.China has promulgated and implemented the labor law and labor contract law to clarify the rights and obligations of both parties.Experience for dealing with disputes during the applicable law based on singularity to apply on the process of diversification,this and our country legislation level of ascension and the perfection of labor dispute dispute settlement mechanism,especially the implementation of the "labor contract law" in 2008,on both sides of labor contract obligations and contractual obligations after the first make provision,has been clear about the labor contract in written form,affirms the labor dispatching the provisions of the new mode of employment,etc,on the way to our labor legislation is a great progress and cross;However,at the same time of progress,there are also many defects in the application of law of labor dispute cases in judicial practice,such as too principled legislation,lack of labor benchmark law,and conflicts between the basis of application of labor law.In order to give full play to the value of the application of law in labor dispute cases,improve the efficiency and impartiality in the handling of labor disputes,promote the balance of labor and capital interests in the process of trial,and maintain the harmonious social labor relations in order to promote the steady development of the economy.This paper analyzes the existing labor dispute cases on the basis of the insufficiency of the application of law,combined with the objective problems in judicial practice,and on the basis of the reference of China's labor dispute case processing system,and strive to improve the application of law in China's labor dispute cases to put forward reasonable Suggestions.In addition to the introduction and conclusion,this paper is composed of four parts:The first part is the theoretical analysis of the application of law in labor dispute cases.This paper defines the legal application of labor dispute cases from the perspective of the elements of legal application,and points out its unique characteristics of legal application.By comparing with the application of law in ordinary civil litigation cases,this paper points outthe particularity of the application of law in labor dispute cases,and lays a foundation for drawing out the defects in the application of law in labor dispute cases.Finally,taking the appeals of labor dispute cases in judicial practice as the classification standard,this paper makes a typological analysis of the application of law in labor dispute cases,and analyzes the key points and controversial points in the application of law in each type of labor dispute cases,laying a foundation for the analysis of the defects in the application of law in the following paragraphs.The second part compares the application of law of labor dispute cases in two legal systems.This part of the selection in the continental law system has the typical significance of Germany and Japan,selecting representative in the United States and Britain in Anglo-American law system,based on the situation of the applicable law of labor dispute cases,summarizes two main legal system of labor dispute case applicable law of common ground and difference,in order to perfect our country labor dispute case applicable law for reference.The third part analyzes the problems and causes of the application of law in China's labor dispute cases.This part,based on the reality,respectively from the perspective of the substantive law and procedural law of labor dispute cases,points out that the application of law in China's labor dispute cases mainly has problems such as local legislation affecting the implementation effect,lack of layered protection of labor legislation for laborers,labor legislation conflict,and deprivation of the litigant's right of action.And from the legislative level,legislative technology and legislative thinking from three aspects,analysis the reason,analyze the labor dispute case applicable law problem is caused by legislation technology is not high,multilevel legislative system applicable law on the basis of mix,procedure ignores the particularity of labor dispute cases,lead to indicate the direction of improvement Suggestions for the next step.The fourth part of China's labor dispute cases to improve the application of law recommendations.This part is the top priority of this paper.Based on the objective situation of existing labor legislation and judicial practice,the author puts forward some Suggestions on the application of laws in China's labor dispute cases from the aspects of labor legislation,judicial interpretation,guiding cases,tripartite principle of trial and subjective initiative of judges.That is to say,on the basis of the establishment of labor standards law,pay attention to the layered protection of laborers,and enhance the operability of labor legislation.In thetrial procedure,the author advocates the legal application system of "single judicial mode" and actively introduces the "tripartite principle" as the basic principle of the composition of the trial court.Secondly,give full play to the advantages of socialist rule of law with Chinese characteristics,mobilize the judicial interpretation to help the application of law,and give play to the guiding cases to reference the application of law;In order to provide Suggestions for the accurate and efficient application of labor dispute law.