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About the Judicial Reform of Labor Dispute Settlement System

Author: WangHuiJun
Tutor: LiLingYun
School: East China University of Political Science
Course: Economic Law
Keywords: Labor Disputes Labor Disputes Labor dispute settlement system The rights and interests of laborers Labour Court
CLC: D922.5
Type: Master's thesis
Year: 2011
Downloads: 77
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Abstract

Building a harmonious society, democracy and the rule of law is the only way for China's social development. Can \The right to judicial protection is not only the right of the \In the field of labor relations, labor rights to be able to get judicial relief, has a very important significance of the basic human rights protection. With the continuous development of the construction of China's socialist market economy, China's labor dispute settlement system defects are more and more exposed, labor dispute arbitration prescription and limitation of actions can not be successfully standards; disputes or arbitration or litigation in accordance with the party autonomy principle by the parties' choice, labor dispute, arbitration is a necessary procedure, deprived of the rights of the parties; civil disputes, civil law provides a number of specific procedures, but in the labor dispute, but not specifically targeted program The law makes labor substantive law of the fairness of the lack of effective protection; the two trial processing system of labor dispute cases a CD, workers of First Instance tired to make workers miserable; For 劳动仲裁员 the eligibility requirements also lower than the other, is likely to make the labor dispute case that the lack of fair and efficient. It is due to the presence of these defects, serious damage to the interests of the workers, judicial reform and improve China's labor dispute settlement system is particularly important. Therefore, this article first through the analysis of the concept and the nature of the labor dispute, and rationalize the classification of a labor dispute, and the definition of the concept of a labor dispute litigation as well as analysis of the unique characteristics of the labor dispute litigation distinguished from civil, criminal, administrative proceedings , which have a basic understanding of the basic aspects of the labor dispute, labor dispute litigation. Secondly, through the historical origins of the current labor dispute handling system, legislative profile, as well as the basic system introduced and explore the framework of our current labor dispute settlement system is clearly presented in front, at the same time, also pointed out that the current labor dispute settlement system serious defects of the most important of the three systems, namely, labor dispute mediation, labor dispute arbitration and labor dispute litigation system and make a value judgment; once again, that by introducing two law systems, civil law and common law systems related representative of the countries and regions in the labor dispute handling system of legislative experience, roughly outlined several major labor dispute handling mode, in China's labor dispute settlement system of judicial reform measures, including the labor dispute prevention system establishment of specialized labor dispute proceedings legislation, simplify the current system, set up a special litigation and enforcement procedures and the creation of specialized labor courts in the court of specific ideas. Through judicial reform of the labor dispute settlement system, build scientific labor dispute handling system, is conducive to the protection and realization of the right of appeal of the parties to the labor dispute, and is conducive to the people's court to exercise judicial power, China's labor dispute handling system helps improve and maintain their social stability and promoting the development of China's socialist harmonious labor relations.

About the Judicial Reform of Labor Dispute Settlement System

Abstract

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