The Analysis of Group Labor Dispute Legal Processing System
|School||East China University of Political Science|
|Keywords||Group Labor Dispute American Labor Dispute Resolution System Selection and Reconstruction|
With the reform of economic system and enterprise employment system, as long asthe improvement of laborer and the accepting units’ legal awareness, various types oflabor dispute cases have been gradually rising. In recent years, it is particularly worthnoting that the staff gathering, striking and petitions are happening around the country,which has seriously damaged the normal production and social stability. The rising ofgroup labor disputes, not only suggests an economic problem, but also means serioussocial and political issues coming soon.The labor law of our country is not comprehensive, the labor dispute processingsystem has various defects, which cause vacuum zone when group labor disputeoccurs. The understanding deviation of mass events and the inappropriate processingmethod used to handle the events, often make things worse, that is not the results weexpected, but the opposite way. This paper analyzes the causes and characteristics ofgroup labor disputes in China carefully, considering the Chinese labor disputeprocessing system having various difficulties in settling group labor disputes,analyzes the existing problems as well. According to the inspiration of American labor dispute processing system, I bring forward some suggestions and ideas to the way tosolve group labor disputes of our country, try to straighten out the relationship within,and dredge the solving channels.This paper uses some research methods including example giving, data analysis,contrast research, elements induction and summary. The writing are following theideas that phenomenon induction, reason analysis, pointing out dilemma andsuggestions. There are four chapters in this paper, and the basic framework is asfollows:The first chapter summarizes the condition of group labor dispute, including theconcept and classification of labor dispute, the concept, evolution, development andcausing of group labor dispute in China. The second chapter introduces Americanlabor dispute processing system, through analyzing the treatment, processingorganization and procedure, I try to find out the enlightenment to solve our ownproblems. The third chapter introduces the current group labor dispute processingsystem in China, analyzes the operation of the system and the typical group labordispute cases, and then points out the difficulties and problems of the currentprocessing systems. According to the problems above, in the fourth chapter, I makesome choices and constructions of a new processing system to solve the group labordispute basing on the basic labor dispute processing principles, point out reformingdirection of the system depending on the different kinds of group labor disputes.