Improvement Of Labor Dispute Arbitration System In China

In the field of solving civil dispute, there are different solutions, in addition to the mostauthoritative civil litigation, there are alternative dispute resolution mechanism, thelabor dispute arbitration is one of importance and particularity. With China’s economicand social development, in increasing the Labour demand and Labour rightsconsciousness rising at the same time, the contradiction between the laborer and unit ofchoose and employ persons is also growing. Smooth solution of labor dispute, relationswith our country economy sustained growth, the prosperity and stability of society andthe country’s stability.In order to solve the labor dispute, our country in2007and2008successivelypromulgated the "labor contract law","labor dispute mediation arbitration law". Thetwo laws are good carry out and implement, has played a positive role. At the same time,we also found some problems, affecting the effective implement of labor disputearbitration system, is not conducive to safeguard the rights of the laborer and unit ofchoose and employ persons does not favor the rational allocation of judicial resources,is not conducive to economic development and social harmony.This article from the basic theory of labor dispute arbitration system, first defined thebasic concepts, then analyzes the current domestic legislation present situation, and thensums up the problems and defects, combined with foreign advanced experience, andfinally put forward the corresponding Suggestions and measures for perfecting.Full text besides preface and epilogue, is divided into four parts:The first part: first, to the basic theory of labor dispute arbitration system in China isexpounded, clarify the basic concept and characteristic; next to the legislative status quoof labor dispute arbitration system in China and implementation status is analyzed.The second part: it is based on the analysis of the present situation of the labor disputearbitration system in China, discusses some problems and defects existing in the system.For example: program set unreasonable, the arbitration organization status is not clearand permissions is too small, imperfect supervision system, lack of relief system, etc.These problems seriously affect the operation of the labor dispute arbitration system inChina and solve labor disputes timely and effectively.The third part: it is based on the defect of present labor dispute arbitration system in ourcountry, to seek for the solutions, the investigation and analysis of foreign models, and it is concluded that the foreign advanced experience enlightenment to reform the labordispute arbitration system in China.The fourth part: on the basis of analyzing the institutional defects, combined withnational conditions, and draw lessons from foreign advanced experience, it is concludedthat the improvement of the proposal. Puts forward some concrete measures, such as:reform the arbitration front application Settings, clear of the independence and authorityof the arbitration organization, strengthening the supervision system and relief system,etc., hope that through these measures to promote the perfection and development oflabor dispute arbitration system.