Dissertation > Political, legal > Legal > Chinese law > Labor Law

The Research of Labor Dispute Lawsuit System in China

Author WangDongYan
Tutor JinYingJie
School China University of Political Science
Course Economic Law
Keywords Labor Disputes Labor Disputes Scope of the case Justice agencies The distribution of the burden of proof
CLC D922.5
Type Master's thesis
Year 2009
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Handling of labor disputes in China are four: reconciliation, mediation, arbitration and litigation. If the parties refuses to accept the results of conciliation, mediation can be brought to an arbitration, on the outcome of the arbitration or against can be brought to court litigation of the labor dispute, labor dispute litigation in this sense is the solution of the labor dispute finality. Therefore, the labor dispute litigation system is of great significance to quickly deal with labor disputes, protection of workers' rights, and to build a harmonious labor relations. In recent years, as China's rapid economic development and the enhanced awareness of workers' rights, the number of labor disputes has grown rapidly, and more and more complex, there are some new type of labor dispute cases, which are labor disputes People's Court a higher demand. However, China's current labor dispute litigation system is not yet perfect, it is difficult to fully adapt to the needs of the current trial of labor dispute cases, have not been adequately protected the interests of workers in the labor dispute litigation, the impact of the judicial authority and harmonious society Construction. This paper introduced the basic content of the current labor dispute litigation system on the basis of in-depth analysis of its shortcomings and deficiencies, and put forward a number of measures and recommendations. In addition to the introduction and conclusion, this paper is divided into four chapters: the first chapter first defines the concept of a labor dispute, pointed out that the concept and classification of the labor dispute is directly related to the labor dispute litigation system in the process of dealing with the labor dispute in the scope of application of this leads on the basis of the concept of a labor dispute litigation. Chapter II settings labor dispute litigation competent and jurisdiction, judicial organ, the proceedings and the burden of proof assigned four in-depth analysis of the status quo of China's labor dispute litigation system and the existence of the defect, and were compared with developed countries labor dispute litigation system . The third chapter the basic theory, proposed by the labor dispute litigation system should be to protect the legitimate rights and interests of workers, the rights of suability, substantive equality, proceedings effectiveness and tripartite coordination of labor relations and other basic principles of building a labor dispute litigation system guidance. Chapter on the basis of learn from the advanced experience of developed countries, combined with China's national conditions, the perfect vision of China's labor dispute litigation system from two aspects of substantive law and procedural law, the scope of the case in the labor dispute litigation, trial set proceedings and the burden of proof is assigned four aspects of the measures recommended.

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