Promotion Of Labor Dispute Handling Procedures In Our Country

A socialist country ruled by law require that people-oriented, law-based, construction and promotion of social life in all areas of law, to protect the interests of members of society through a series of mechanisms to coordinate a variety of interpersonal relationships, prevention, control, coordination and resolution of a variety of social conflict, to promote the formation of a harmonious social relations. In modern times, social disputes, conflict resolution mechanisms are manifold, labor dispute settlement mechanism is a fundamental aspect, is an important mechanism and links. Through the construction of the Republic of sixty years, China has formed a rich ethnic characteristics of the rich spirit of the times of labor dispute settlement mechanism. This is social harmony and stability, for social development and reform, for the protection of the interest of citizens to play an important role, creating a good social effect. Labor conflict is a special kind of social conflict of interest. Labor conflicts appear to be an economic issue, but in fact is a political issue, legal issues and a concentrated expression of social issues, not handled properly, it may result in the antagonism between employers and employees evolve into social conflict and confrontation, it might affect society as a whole harmony, undermines the positive social relations, social order.Labor dispute is the workers and employers in the labor process due to the exercise of labor rights and fulfill the obligations of labor disputes. Practice in dealing with labor disputes, China has gradually built up the current "a tune a trial cut 2", "cut after the first trial," the labor dispute handling mechanism. For a long time, this mechanism for dealing with labor disputes, and stability of social relations has played an active role. However, this mechanism has some shortcomings, has a certain non-adaptive, to be improved. The author believes that the rule of law in today's era, we should be based on social reality to the premise of building a harmonious society, people-oriented, based on the rule of law, to the interests of balance, balanced, fair as a basic principle, for the purpose of protection of human rights, by reference, to learn the foreign system, by deepening the concept of updating and institution building, through a series of rules, systems, procedures for the construction and development to perfect a fair and effective dispute resolution mechanism of labor to form a state, society, citizens participate in the composite system, the formation of consultation, negotiation, mediation, arbitration, judicial decisions, a combination of dispute resolution methods, thus promoting the realization of civil rights protection.This paper is divided into four parts:The first part is an overview of China's Labor Dispute Resolution System. This section first introduces the concept of labor disputes, characteristics and classification, so as to lay the theoretical arguments and the basis in reality. Of labor disputes, also known as the labor dispute is a labor relations between the parties because of the rights and obligations of labor disputes. Unlike most civil disputes, labor disputes, with its own characteristics. The first is reflected in the main body of the dispute on the subject is a particular labor dispute, the parties must be established through a set of legal fact of labor relations have been employed by the employing unit and laborers; second, labor disputes generally occurs in the labor relationship continues to exist period; third, the scope of the labor dispute is specific, the scope of labor disputes is limited to national labor laws and administrative regulations of the range; Fourth, the handling of labor disputes by a special adaptation of labor law. With regard to the classification of labor disputes, in accordance with the subject of the dispute is different from the rights of labor disputes can be divided into controversy and the interests of the dispute, according to the number of participants of different working parties, labor disputes can be divided into two kinds of individual disputes and collective disputes. This section was last discussed China's current labor dispute handling system and the existing deficiencies. By Labor Dispute Resolution System in the historical development and current labor dispute handling system analysis, described as the reform and opening up and deepening of market economy system, labor dispute handling system has shown a lot of problems: First, mediation, arbitration, course of the proceedings of "three principles" of the virtual technology; Second, contrary to the fair and effective system of arbitration front; third, dealing with labor disputes in the process of administrative expansion and contraction jurisdiction; 4 is a labor dispute proceedings relief the missing.The second part is the labor dispute handling system, the legal sources and basic principles. Labor Dispute Resolution System of the sources of law are: the Constitution of the basic norms of labor law, labor law, labor and administrative regulations, judicial interpretations, local regulations, departmental rules and regulations, local labor regulations and so on. Labor disputes dealt with heterogeneous sources of law, if only familiar with its contents, do not have the spirit and concept of labor law would inevitably fall into a loss situation. Thus, properly handle the labor dispute cases must first establish the correct concept of labor law and master the basic principles of dealing with labor disputes.The third section deals with the civil law and common law of labor dispute handling system, and to analyze their own characteristics and advantages, summed up the revelation of which is worth our reference.The forth part make some suggestions of the Labor Dispute Resolution System. First, the implementation of the "three principles", in China's labor dispute handling system to establish and improve the "three principles." From the organization, personnel, distribution of competencies in various aspects would be integrated to implement them. Organizations, labor dispute handling agency personnel should be by the State, trade unions and employer representatives of the three. In terms of personnel, labor administrative departments, trade unions and employer groups selected the labor dispute arbitration committee members and arbitrators, trade unions and employer groups of people selected jurors should be included in the formal establishment of their own. No matter what direction the labor dispute arbitration institution chosen representative, should follow the uniform eligibility criteria, selection of arbitrators or jurors, should have the statutory conditions of employment and obtain legal qualifications to ensure their quality. In the Permissions preparation, the labor dispute dealt with by the authority should be conducted in accordance with its characteristics of the tripartite rational allocation. Secondly, the "cut a second instance," the labor dispute handling system reform to achieve separation of the Disarmament Commission. Third, the gradual establishment of a civil courtroom labor dispute other than an independent judicial organization. Finally, improve the labor dispute proceedings.