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The Law Sociology Holistic Thinking from the Perspective of Labor Dispute and the Processing Mechanism

Author: YuShuFan
Tutor: HuPingRen
School: Xiangtan University
Course: Law
Keywords: Sociology of Law Integrative Thinking Labor Disputes Solidarity
CLC: D922.5
Type: Master's thesis
Year: 2010
Downloads: 41
Quote: 0
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Abstract

Sociology of Law holistic thinking is a way of thinking, that is object of study as a organic whole, through the overall study to explore the inherent law and the nature of individual characteristics, or even if only one of the whole component, it should also put in a whole go to study it in the whole of the status and functions. With a holistic perspective of thinking labor dispute, that the focus from associations, institutions or social scale, division of labor, power or authority of the type of structure, contrast and other social forces to expand the perspective of the law on labor dispute sociological analysis to examine the nature of the labor dispute and on this basis, to explore ways to solve problems. This paper is divided into five parts, the first part is the sociology of law theory discusses labor dispute suitability of this social phenomenon. Labor dispute is both legal and social characteristics of a social phenomenon, with the law and sociology sociology of law to the interdisciplinary study of labor disputes, has a natural advantage. The second part is the usage of sociology holistic way of thinking to examine the labor dispute. With holistic thinking to examine labor dispute labor dispute is to enlarge the parties as two different social strata, controversial content through research to explore commonalities essential characteristics of the labor dispute. In this level, the labor dispute is reflected in social relations class laborers and business owners around the possession and distribution of capital gains incurred conflict between economic interests. Usage sociology holistic thinking investigate labor disputes, labor disputes can be found in essentially two workers and business owners there is a conflict of interest between social classes of the game. This article is the third part of holistic thinking in sociology of law perspective on the development of our analysis of the status of labor disputes. Status quo of China's labor dispute reflects the conflict between labor and capital has become a major social conflicts, has also been sharp enough to affect the results of the reform and social stability level. Labor dispute at this stage appear the following characteristics; labor dispute as a party of social workers has been reduced to the lowest level of vulnerable groups, while the other party business owners has become the largest sectors of China's current power, the power disparity between the two sides; some business owners by virtue of its dominant position in the game against workers' rights with impunity, is currently the root causes of labor conflicts. The fourth part of this paper attempts to France under the guidance of sociological theory to explore ways to resolve labor disputes. Alternative dispute resolution mechanism to deal with labor disputes is the inevitable trend of social development, but also the international community to deal with the advanced experience of the labor dispute, but because of the power imbalance between employers and employees, resulting in labor mediation and arbitration of labor both alternative dispute resolution pathological changes occurring mechanisms that China's current labor dispute handling mechanism the corruption. To this end, China's workers must have the right to unite through independent form trade unions of their own like a large force. Only the relative balance of power between employers and employees, to make alternative dispute resolution mechanisms to achieve the desired functionality. This last part of the conclusion of the full text is briefly reviewed and concluded: labor dispute is essentially both workers and business owners there is a fundamental conflict of interest between the class struggle, violent labor conflict at this stage is the root of power between employers and employees imbalance. Workers only through their own associations to enhance their strength, is possible in the game with business owners to achieve a positive-sum game, and promote harmony between employers and employees win.

The Law Sociology Holistic Thinking from the Perspective of Labor Dispute and the Processing Mechanism

Abstract

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