| This paper will focus on study of labour dispute law and rule in order to meet the demand of market economy system and global economy. It will consider the issue from aspects of labour legislation, safeguarding labour rights and interests, harmonizing relations between employers and employees, system of dispute settlement etc. It will then draw a conclusion by re-examining the issue of labour dispute in the period of social transform and using the advanced experience of other countries for reference. The paper will access the issue as follows:First, labour relation shows a characteristic of interest conflicts. Therefore, it is necessary to balance safeguarding labour rights and equity, as well as procedure justice and efficiency. In addition, it should be make clear of distinction between labour relation and other legal relations.Secondly, it is a matter of fact that labour dispute law system cannot catch the improvement of market economy in China. It can be obviously seen that labour legislation is still an incoherent system, protection of labour right and interest is still weakened, social preventive function still need enforced, dispute solution system remains flaws as well. In these circumstances, it is argued that reform and renovation should be put in practice more rapidly.Next, the paper will examine that there have existed systems of conciliation, arbitration and litigation in western industrial countries, by which labour dispute could be effectively prevented, decreased and settled down. The characteristics of these systems include: harmonized objection, independent organization, qualified personnel, diversified approaches and regularized protection.Finally, the paper suggests that labour dispute legal system should be perfected and improved by rule and law. In this sense, it could be approachedby reconstructing current labour law system, amplifying labour rights safeguard system, constructing systems for social stability and harmony, and renovating labour dispute settlements. |
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