On The Reform And Perfection Of The Labor Dispute Processing System

In the current labor dispute settlement system in our country, the mediation is voluntary, but the arbitration is the lead. A labor dispute, only after the labor arbitration procedures, can be prosecuted to the court. This system has adapted to the needs of this particular historical period in the early period of reform and opening up, and effectively made the most of the labor disputes. However, with the rapid development of economy and society, labor disputes show an explosive growth trend. The drawbacks of the current labor dispute handling system are gradually exposed. Not only a waste of public resources, the protracted litigation process also makes a lot of workers’rights become increasingly difficult. Therefore, our labor dispute settlement system must be reconstructed. With the guidance of the government process reengineering theory, exploring the construction of a new labor dispute settlement system, which contains "a final cut, two tiered adjudication, self selection", is in order to adapt to the current transformation of complex social reality, and timely resolve social conflicts and disputes.In this paper, the theory of the government process reengineering, which is a forward-looking theory tool, is used to study the labor dispute settlement system in China. And the conclusion that the China’s current labor dispute settlement system has many disadvantages, such as multi head management, repeated examination, lengthy procedure and overlapping mechanism are drawn. By drawing lessons from the developed countries and regions, and under the guidance of the government process reengineering theory, this paper makes some ideas on the reform and improvement of the labor dispute resolution system in China. It is pointed out that in the process to reform and improve the labor dispute settlement system of our country, the new treatment system should be based on the basic principles, which are legitimacy, efficiency, convenience and robustness, and should promote the implementation according to the "Clear", "simplified", "integration", "Automation" and other progressive path. At the same time, it should be equipped with the corresponding legislation, system, technology and personnel security measures.As an empirical study, the innovation of this paper lies in the creation of using the government process reengineering theory, which is a kind of public management theories, to solve problems encountered in the practice of law subject areas, and draws the improvement countermeasures of the China’s current labor dispute handling system.