About The Judicial Reform Of Labor Dispute Settlement System

The way to construct the harmonious society and implement democratic rule by law is necessary to the development of our society. Whether we can approach the procedure and the rights of citizens can finally get judicial remedy has become the important symbol of the modern rule of law and civilization. The right that can't get the access to justice is the virtual right. In the field of labor relations, whether the Labor rights can get judicial remedy is important to the protection of fundamental rights. By the development of our construction of socialist market economy, the defect of our country's labor dispute settlement system has exposed to us. The effectiveness for a period of time of the labor dispute arbitration can not successfully integrate with the civil procedure; the parties of other disputes can choose the use of arbitration or litigation, but in labor disputes they must choose arbitration; the Civil Procedure Law has many special procedures, but there is not any one for labor disputes, so the fairness of labor law can not get the effective protection; labor dispute cases lasting a long time, which makes the workers miserable; the requirement for the labor dispute arbitrator is also lower than others, so it makes the labor dispute cases to be unfair and to be inefficient. Because of the presence of defects of our present labor dispute settlement system, it damages the worker's rights and interests. Therefore, the judicial reform and consummation of labor dispute settlement system is very important. So, firstly, this article through the analysis and research on the concept and properties of labor dispute, the classification of labor dispute, the definition of the concept of the labor dispute lawsuit and the unique features of the labor dispute that is different from civil action, criminal action and administrative proceedings makes me to basically understand the basic category of labor dispute and labor dispute lawsuit. Secondly, this article through the introduction and research on the historical origin, legislation survey and basic system of our present labor dispute settlement system shows us the clear framework of our present labor dispute settlement system; points the serious defect of three important system: the mediation system of labor dispute, the labor dispute arbitration system and the labor dispute lawsuit system; makes the corresponding value evaluation. Thirdly, this article through the introduction of the legislative experience about the labor dispute settlement system of some representative countries and regions between Anglo-American law system and continental law system, can probably summarize several main model of the labor dispute settlement system and put forward some measures about our country's judicial reform of labor dispute settlement system, including the establishment of the system of labor dispute prevention, special procedural legislation, simplifying the current system to set up a special judicial proceeding and execute procedure, and proposing the specific ideas to establish labor court. Through the judicial reform of Labor Dispute Settlement system and constructing a scientific system of handling labor disputes, it will be advantageous to the protection and realization of labor dispute litigant's right of suit, the effective exercise of jurisdiction and the consummation of our labor dispute settlement system. At the same time, it will maintain social stability and promote our socialist harmonious development of labor relations.