从诉讼预防的角度看我国劳动争议处理机制之完善-经济法学专业论文.docxVIP

ABSTRACT Labor-capital relationship consists of employee and employer,who create surplus value together. The stability of Labor-capital relationship is directly related to social stability and economic development.After implement of labor contract law, labor dispute litigation greatly increased.Labor dispute lawsuit has two characteristics，on one side,labor’winning rate is vary high,on the other side,Laborer liquidity is bigger,After the occurrence of labor disputes, it’s difficult to consume a lot of time in the same place to safeguard legal rights.The current labor dispute processing mechanism set too many limits to labor’s right safeguarding,which makes many workers eventually can only choose to give up rights.Therefore, through the reasonable mechanism to prevent labor disputes is very necessary.Labor dispute prevention in accordance with the law of the two most basic value, effectiveness and equity.Through the analysis of the economics to the labor dispute lawsuit prevention,We found that too much labor dispute is not in conformity with the principles of economics.too much labor dispute is t counter to the traditional litigation culture in China. Western countries attache great importance to labor-capital relations,and Set different institutions and procedures to deal with labor dispute.The United States sets the official and unofficial institution of labor dispute of parallel mechanism.The UK has the characteristic of employment tribunal and administrative departments to work together.Germany sets special procedure and is limit to appeal.France establishes the trial and mediation as one of the mediation committee.The current labor dispute processing mechanism mainly has many disadvantages,An awkward labor dispute arbitration committee,Arbitration and litigation conflict with each other,zero charge arbitration and litigation system guides the parties choose not reasonable litigation,Tripartite mechanism does not play its proper role,Administrative enforcement