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Exploring the labor dispute case range

Author: JiJian
Tutor: ZhouBin
School: Kunming University of Science and Technology
Course: Environment and Resources Protection Law
Keywords: Labor Disputes Scope of Accepting Cases Arbitration Monitor Litigation
CLC: D922.5
Type: Master's thesis
Year: 2011
Downloads: 19
Quote: 0
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Since our country since the reform and opening up from the planned economy to the market economy transition,1992 a general market economy, to now is rapid development. And the labor disputes are inevitable byproducts of the labor market, market economy with high development leads to labor relations increasingly diverse and complex. Labor dispute affects social harmony and stability to a great extent and wide range directly or indirectly. Therefore, efficient and fair resolution of labor disputes is the fundamental guarantee for the realization of social stability. In order to solve the labor dispute, we should solve the labor dispute accepting scope first, for it direct influencing and restricting complaints and appeals of labor disputes. It can be said that solve the labor dispute accepting scope is the key to solve labor disputes.At present, our country express provision in the labor dispute case accepting scope does not adapt to the development needs of market economy already is an indisputable fact. Mainly displays in: China’s labor law applicable scope dose not cover the social life of reality of labor disputes, many of the emerging labor dispute cannot be resolved by labor dispute processing agencies, leading to have nowhere to lodge their complaints; each labor dispute processing agencies to accept the scope of labor dispute cases are fuzzy, there is overlap conflicts phenomenon, and mutual buck-passing phenomenon, the main problem is the scope of accepting cases of arbitration, litigation and monitoring can not be connected reasonably; the ways of labor dispute relief are not perfect, can not solve the labor dispute efficiently.In this paper, our country express provision in the labor dispute case accepting scope does not adapt to the development needs of market economy already, we need to learn from foreign related provisions in the labor dispute accepting scope. In order to expand the overall scope of the case of labor disputes, we defined the labor dispute case accepting scope on the basic legal concepts at first. And then, proceeding from the legislative and practical operation of the labor dispute at a reasonable standard to make clear-cut classification, for defining the labor dispute case accepting scope of arbitration and litigation, while amend them by using a separation of arbitration and the trial with respective results correction of both the scope of accepting cases. In conclusion, do a principle division of the labor dispute case accepting scope between labor dispute arbitration and litigation on the basis of chosen by the parties, and establish interactive coordination mechanism between them, define the scope of accepting cases scientifically. By that means, protecting the legitimate rights and interests of laborers, promoting harmonious and stable labor relations.

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CLC: > Political, legal > Legal > Chinese law > Labor Law
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