The Reformation And Perfection Of The System Of Our Country's Labor Dispute Arbitration

With the development of the socialist market economic system, the labor relationship becomes a kind of quite universal social relationship and the labor dispute arbitration becomes a very important way to solve the problem of labor dispute. Between the worker and the Employer works the relational establishment, to change and to relieve changes gradually by the market mechanism adjusts. Statistics indicated that in 2007 all levels of labor dispute Arbitration committee accepts labor dispute case 447,000, from 1994 to 2007 13 years, labor dispute case quantity increased nearly 22 times. Along with the economical development and labor dispute quantity's increase, the labor dispute and processes into on to the government, under the hot topic which cared generally to the common people. After two several years endeavor, our country labor dispute arbitration system already initially established, and is playing more and more vital role in labor dispute processing, on December 29, 2007 "Labor dispute Mediation Arbitration act" obtains ten session of National People's Congress Standing committee 31st conference's passing, on May 1, 2008 implements officially, without doubt had the enormous impetus and the consummation to our country labor dispute arbitration system.This article first and the second chapter introduced author's selected topic reason and the labor dispute processing mechanism as well as the overseas labor dispute arbitration pattern briefly through the introduction. The third chapter key carries on the analysis and the inspection to our country labor dispute arbitration system's development, and after innovation promulgation the labor dispute arbitration system still existed the insufficiency carries on the related evaluation. The fourth chapter to most receives the injury on job which the society pays attention to dispute and the solution related system emphatically carries on the elaboration, in view of injury on job compensation procedure's in complex and tedious, compared with the innovation promulgation around processing which disputed to the injury on job, as well as after innovation promulgation the injury on job disputed the processing new system proposes own view. The fifth chapter has analyzed the labor dispute arbitration system which from legislator's intention and value orientation's angle our country should choose at present, and refers to and profits from overseas labor dispute arbitration system's some procedures and the experience, proposed that"arbitrates primarily, lawsuit for auxiliary"the labor dispute cuts examines the new mechanism, prominent labor dispute arbitration system's superiority. Finally the author continued to consummate in our country's labor dispute arbitration system the organization construction, personnel's specialization and arbitration aspects and so on surveillance proposed own view, hoped through the related system and the procedure consummation, manifested the labor dispute arbitration system's superiority truly.