Research On The Alternative Dispute Resolution Mechanism Of Labor Disputes In China

Along with the profound change of social structure, economic system, benefit pattern, and the quickening process of urbanization, marketization, and globalization, the forms of employment and the modes of distribution also become more and more diverse. At the same time, disputes from the parties of labor relations continuously increase. To solve the increasing labor dispute cases, the existing mechanism of the labor dispute settlement non-litigation gradually emerged its shortcomings. The law of labor dispute non-litigation solution is quite comprehensive in china, and also played an important role in the process of labor dispute since it has been restored. But kinds of non-litigation solution still haven't form a positive interaction and complementary functions, a mechanism of procedure link, which make a large number of labor dispute cases flow into the arbitration institution and the courts, burden the labor arbitration institutions and court. Therefore, this paper tries to analyze the current solving mechanism of the labor dispute non-litigation and then find out the existing problems and causes. At last the author will try to explore the more effective settlement mechanism for the labor dispute non-litigation in light of foreign legislation and practice experience.This paper consists of the four parts:the first chapter introduce the background and significance of this paper, and reviewed the topic of current research about labor dispute non-litigation. The second chapter is about the current settlement mechanism of labor dispute non-litigation, mainly studies the concept,the generation and development value and advantage of the settlement mechanism of labor dispute non-litigation. The third chapter is the current situation of settlement mechanism of labor dispute non-litigation, and mainly studies on the solution of our country in the aspect of the labor dispute non-litigation the existence defects of the various non-litigation solutions, and the block to link among non-litigation solutions. Then the author clears up the block between the non-litigation with lawsuit solution and further analyzes the cause of these defects. The fourth chapter is to perfect the settlement mechanism of labor dispute non-litigation. The author puts forward some suggestions to improve the settlement mechanism of labor dispute non-litigation, such as improving all procedures of the settlement mechanism of labor dispute non-litigation and cohesion between various non-litigation solutions, and connection between non-litigation solution with lawsuit solution etc.The main point of this paper is to insist on the current mode "one for mediate, one for justice". From the precondition of saves judicial resources and social costs, of establishing harmonious labor relations, combining with the situation of our country and the development trend of labor dispute case, clearing the function orientation of the non-litigation solution, strengthening all sorts of function and connection of the labor dispute non-litigation solution, It gives full play to its own unique advantages, which form a cohesive force to solved the most of the labor dispute through non-litigation solution.