The Labor Dispute Of First Instance Of Non-settlement Mechanism Studies

With the development of economic diversification, the diversified changes of labor relations become a tide. However, the appeal for different interests of diversified bodies requires the establishment of a fair expression mechanism, the interests'compromise, balance of democratic consultation system, and various conflicts resolution mechanisms. To establish those mechanisms, the economy, politics and culture must reach a highly developed level, and then work as the foundation and soil, with law as the guarantee of the system. Only through smooth policies can an effective resolution to the laborers'interests be guaranteed. Nevertheless, the current labor dispute settlement mechanism is not very satisfactory when faced with the transformation of the new era. The traditional non-litigation labor dispute settlement mechanism has its inharmonious inner procedure, and the mess, conflicts and complication of this procedure cause the low efficiency of labor disputes, and the singleness of the non-litigation labor dispute settlement mechanism causes the difficulty in protecting the laborers'legal rights. However, the late justice is not real justice. Judging from the intention of the law of labor, we can see that justice and efficiency are the foundation stones of the labor dispute settlement mechanism. Therefore, the writer of this paper tries to start with the legislative experience in our country and our local customs, and borrow foreign legislative experience, then seek a new way to the non-litigation labor dispute settlement mechanism. The writer also demonstrates clearly the status and the function of the government in the non-litigation labor dispute settlement mechanism, and put forwards some conception for a perfect non-litigation labor dispute settlement mechanism.This paper is divided into five chapters. Chapter one is the introduction part, describing the significance, the ideas and the methods of this research. Chapter two gives a general description of the idea of non-litigation labor dispute settlement mechanism, including the definition, features, and types of labor disputes, and analyses the connotation of the non-litigation labor dispute settlement mechanism, then compares it with the litigation labor dispute settlement mechanism and raises the advantages of the non-litigation labor dispute settlement mechanism, such as high-efficiency,rapidity. Chapter three analyzes the shortcomings of the non-litigation labor dispute settlement mechanism in our country. Analyzing shortcomings of the non-litigation and the litigation labor dispute settlement mechanism. The lastly, give explanations to the reason of those problems. Chapter three analyzes the shortcomings of the non-litigation and the litigation labor dispute settlement mechanism, and gives explanations to the reason of those problems. Chapter four compares the non-litigation labor dispute settlement mechanism in America, Britain, Germany, Japan and Hong Kong with that in our country, analyses the common features from the consultation, meditation and arbitration systems of labor disputes and the link between arbitration system and labor litigation system, summarizes the conclusion that we should set up the independent labor unions and the labor- arbitration-committee unions which departs from labor government in our country, thus provides practical experience for the non-litigation labor dispute settlement mechanism. Chapter five puts forward some suggestions to perfect the non-litigation labor dispute settlement mechanism in our country, which is that the mutual link between the non-litigation labor dispute settlement mechanisms, between non-litigation and litigation mechanisms, and the status and role of the government in this process should all be taken into account.