A Comparative Study Of The Role Of Government In The Labor Dispute Settlement Mechanism Between Japan And China

Labor dispute is a natural social phenomenon. Since the obvious difference of the power between employers and employees, the government must establish a rapid and effective labor dispute settlement mechanism to properly resolve the conflict between both parties.Our labor dispute related legislation had a comparatively long blank period, but as for the special socio-economic system and employment mechanism, few conflicts emerged at that time. However, with the deepening reform, more open and more diverse forms of employment, both parties takes more and more attention on their own interests, which results in more conflicts. Although some supplement had been made in the following legal system in the "Labor Contract Law", "Labor Contract Law Implementation Regulations", "Labor Dispute Mediation and Arbitration Law", etc., the actual effect is far from satisfaction. The number of labor dispute cases keeps a blowout status after 2008, which causes a negative impact on the construction of a harmonious society.In this paper, it will be mainly focused on the related issues by comparing the role of government in the labor dispute handling settlement mechanism between Japan and China, analysis of the role of governments in different, hoping to give some improvement suggestions, let the labor disputes disposal can rapidly. The article is divided into five parts.The first chapter of the study on the related theory of labor disputes and the role of government, the concept of the subject of labor relations, classification, characteristics, role of government, tripartite consultation mechanism and so on.The second chapter analysis of China’s labor dispute, labor dispute situation causes, treatment and settlement mechanism, introduces the overall situation.The third chapter of main analysis of the Japanese labor dispute processing mechanism, Shows that the Japanese government to solve different treatment in the dispute.The fourth chapter comparison analysis for the role of government in China and Japan, pointed out that China’s current problems, Combined with the experience of Japan in the relevant issues, put forward the corresponding improvement suggestions.The fifth chapter to rationalize the system of handling labor disputes, the beneficial exploration in the administrative adjudication system and the set, as the labor dispute handling mechanism by type.