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Study On The Settlement Mechanism Of Labor Arbitration Disputes In Tibet Autonomous Region

Posted on:2021-01-04Degree:MasterType:Thesis
Country:ChinaCandidate:Z N GuoFull Text:PDF
GTID:2416330611459652Subject:National Law
Abstract/Summary:PDF Full Text Request
With the continuous improvement of China's labor and personnel dispute arbitration legal system and the rapid development of arbitration institutions,the Labor and personnel dispute arbitration system of the Tibet has taken shape,but in the process of implementation,there are also many social development does not fit.This paper starts with the problems that may arise in the actual operation of the Tibet Dispute Resolution Organization,and through the explanation and analysis of the causes of the problems that may arise in the actual operation,then puts forward the suggestions for the relevant reform and improvement,in order to play a more effective labor dispute arbitration mechanism to stabilize Labor Relations and promote the harmonious development of society.The article consists of five chapters: the first chapter is the introduction,which is divided into two parts.The first chapter is the background and significance of the article,therefore,the study of the Dispute Settlement Mechanism of labor arbitration in the Tibet has become a new subject to be urgently studied and explored,from the reality,combined with China's administrative system and the actual situation,to find ways to solve the problem.The second chapter introduces the concept and current situation of Tibet.The third chapter points out the problems existing in the arbitration of Labor and personnel disputes in the Tibet,for example,some workers' economic arbitration and Labor arbitration are not clear,labor dispute arbitration cases are greatly affected by letters and visits,"one arbitration and two trials" under the labor dispute settlement model are belittled,the connection between Labor and personnel dispute arbitration and trial,and the supervision function of administrative departments is not obvious,etc.,not Conducive to the harmonious development of labor and personnel relations in the Tibet.The Fourth Chapter describes theLabor Dispute Arbitration process may appear the problem reason analysis,one is that workers' awareness of their rights has led to an increase in labor disputes cases,poor connectivity between governments,delayed uploading of government information on the Internet and incomplete disclosure of information,secondly,the original intention of setting up the labor dispute arbitration mechanism is to protect the rights and interests of workers,so it will bring the result of tilting to the rights and interests of workers,thirdly,the administrative subordination of Labor arbitration institutions has brought about problems such as low authority of arbitral awards,the fourth is to explain the poor connection between the arbitration mechanism and the trial procedure from the differences in the legal basis for the application of the labor dispute and the trial system,the difference in the proof,and the difference in the applicable time limit,the fifth is the analysis of the reasons for the problems of the labor dispute arbitration mechanism from the External Labor security system.The fifth chapter puts forward the countermeasures to solve the problem.On the basis of our country's situation and drawing lessons from the experience of other countries' relevant systems,it proposes to give full play to the advantages of the Internet and improve the Tibet,the establishment and promotion of a Tibet "Internet + mediation" service platform,the establishment and promotion of public accounts on Wechat and micro-blogs,and the strengthening of work guidance by various government departments,thus increasing the linkage between government departments,to facilitate both parties;Through the combination of policies and laws,the improvement of working mechanisms,the strengthening of rights awareness,the elimination of the illusion of rights relief,and other aspects of reform and improvement of the working mechanism of letters and visits,and the strengthening of institutional guarantees;through the strengthening of the parties' understanding of the focus of the work of arbitrationproceedings,strengthening the Authority of arbitration institutions by placing emphasis on the arbitration stage;Through the establishment of difficult complex cases to deal with the guidance system,the establishment of the arbitration system and the trial system on the link between the statute of limitations and how to solve the problems in the litigation stage to improve the docking mechanism of adjudication;Finally,through strengthening the construction of the Labor security supervision team and establishing the linkage mechanism with the labor dispute settlement,we can perfect and optimize the labor dispute settlement mechanism of the Tibet,and promote the harmonious development of labor relations and social stability.
Keywords/Search Tags:labor and personnel dispute, arbitration system, problem, countermeasure
PDF Full Text Request
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