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On the perfection of the system of handling labor disputes in China

Author: ZhangXinQiang
Tutor: LiaoZhongHong
School: Southwest University of Political Science
Course: Procedural Law
Keywords: Labor Disputes Handling Labor Disputes Litigation Arbitration
CLC: D922.591
Type: Master's thesis
Year: 2008
Downloads: 585
Quote: 1
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Abstract

At present, China is in the implementation of the era of the great strategy of governing the country according to law, arising from the concept of the rule of law is gradually improving, are gradually enhanced awareness of rights, and with the in-depth development of the market economy and the interests of differences in deepening the labor dispute increased gradually and not surprising; On the other hand, due to the inadequacies of the current labor dispute settlement system, timely and effective of the growing number of labor dispute cases to deal with it, and also caused many problems. This article is starting from the abuses of the system, in-depth analysis in order to prescribe the right medicine, and then put forward some suggestions for the perfection of the system of handling labor disputes in China. This article is not to overthrow a proven labor dispute handling system to try to devise something theoretical, but the problem should labor dispute handling system to find out, to get rid of, so that it can adapt to the actual situation in China ; is based on the idea of ??a trying to better coordinate the various aspects of the relationship between the labor dispute settlement system venture to make the analysis, rather than to establish a perfect system of dispute resolution, any system is impossible to make perfect. Apart from the introduction and conclusion, this paper is divided into five parts to be addressed: the first part to make the definition of the basic concepts of the labor dispute, mainly related to the definition of the labor dispute, classification. Labor dispute occurred in the labor relations between the parties, and the party workers, the other party is the employer; labor dispute must be based on the realization of labor rights and obligations as a result of the expulsion, removal, dismissal, resignation and disputes automatic retirement. But the main purpose is certain majority based on the number of parties to the dispute to the labor dispute into collective disputes and personal disputes; according to the controversial nature of the content can be divided into a dispute of rights and interests of the controversy; labor dispute classification set up is behind the the rights dispute handler interests controversial handler foreshadowed; then summarized the characteristics of the labor dispute settlement system, analysis, namely, handling labor disputes the tripartite principle \and the combination of voluntary and mandatory characteristics. The second part of our system of handling labor disputes., A brief review of the current labor dispute arbitration and labor dispute litigation process works, and focuses on the defects of China's labor dispute settlement procedures, including the \problem, some disadvantages in the labor dispute arbitration proceedings and the principle of tripartism \Outstanding problems is to limit the right of appeal of the parties, the length of procedures result in an excessive burden on the parties, does not embody tilt protection of disadvantaged workers, labor dispute to compulsory arbitration is difficult to reflect the fair labor dispute trial apply the Civil Procedure Law of the manifested \Of the many drawbacks is that an important reason for China's labor dispute for the type of distinction will fall into \backlog in the community are not perfect protection. This also explains the need to broaden the channels of handling labor disputes. The third part is the introduction of foreign labor dispute settlement system, summed up the successful experience to deal with labor disputes, can provide some inspiration for China-related institution building. This article choose a more representative abroad of the United States, Japan, France and Germany as a model for inspection, by the introduction of the labor dispute settlement system of the above-mentioned countries, we can easily find something in common: more mature countries deal with labor disputes attention to a wide range of dispute resolution, most of the labor dispute into a dispute of rights and interests of the controversy and divided into the appropriate procedures to be addressed, attention to desirable workers without abandon implement appropriate intervention of the government to solve the labor dispute, the dispute process the principle of tripartism, arbitration has become the focal point of the labor dispute handling procedures. Part IV discusses the relevant elements to improve China's labor dispute settlement system should consider selected to learn from the advanced experience of foreign countries in the process of modernization of the legal system is inevitable, and should promote its own national conditions, but in any case can not forget and realities soil. This section is based on this idea, from China's national conditions (including economic system and traditional culture), globalization and accession to the World Trade Organization, the impact on the labor dispute to be addressed, then the status quo of China's labor dispute analysis, drawn upward trend in labor dispute cases in China and the type of complicated, fast-growing group disputes; although not the subject of labor dispute cases, but the contradiction is difficult to reconcile that workers appeal, complaint rate accounted for the absolute large proportion of; these characteristics lead to a large number of labor dispute cases into the judicial process, hinder the smooth functioning of the labor dispute settlement system. Therefore, at this stage, improve China's labor dispute settlement system should be solved broaden handler imports; give the parties the option, respect for the parties to the negotiation of autonomy; multi-channel, multi-means to facilitate the labor dispute cases timely and satisfactorily resolved. I tend to think that \That the labor dispute settlement system should be committed to maintaining the development of harmonious and stable labor relations, reflecting the modest intervention of party autonomy and the State, and to find a balance between justice and efficiency. The fifth part is perfect to have a choice for the defects of the aforementioned labor dispute handling procedures. Programming, I will follow the idea of ??perfect classification of the labor dispute to be discussed, the labor dispute into a rights dispute and the interests of the controversy, and for this to be a different program design, in order to better deal with our increasingly complex and the number of labor dispute, which is the purpose of this paper are expected to be achieved. In addition, the improvement of the labor dispute settlement system is indeed affect the body's attempt, confined to individual adjustment is difficult to achieve the desired results, therefore, be better able to protect the handler design operation, in the part of the supporting measures to be briefly mentioned, such as the establishment of collective bargaining for the perfection of the trade unions, the right to strike provisions. Sincerely hope that the program design, to reflect the characteristics of the labor dispute, and to provide more comprehensive protection for the legitimate rights and interests of laborers, to achieve fair and equitable system of handling labor disputes.

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