我国劳动争议处理体制的探讨
发布时间：2019-06-12 06:44
【摘要】：劳动争议处理体制是劳动法的一个重要组成部分，也是关于劳动争议解决方式和程序的基本制度。随着我国改革开放的深入和市场经济的不断完善，因利益差别而导致的劳动争议现象越来越多。 我国现行劳动争议处理体制利用劳动行政部门发挥仲裁作用，形成了相对独立又相互衔接的三位一体的劳动争议处理体制。但是，经过仲裁的劳动争议案件未实际发生效力，法院的案件数量也未因为前置程序的设置而明显减少。现行劳动争议处理体制的弊端在运行中逐渐暴露出来，因而，有必要重新构建我国劳动争议处理体制。笔者认为，构建我国劳动争议新体制，程序正义与效率是两个价值取向。从“实体正义”走向“程序正义”是大势所趋。程序正义的核心要求是：那些利益能够受到裁判结果直接影响的人充分而富有意义地参与到裁判结果的制作过程来，，从而对裁判结果的形成施加有效的影响。新的劳动争议处理体制在追求和实现程序正义的同时，应该以效率为价值取向。 本文在司法公平、效率以及诉讼经济等价值观念的指导下，就如何发展和完善我国的劳动争议处理体制，如何保障劳动争议双方当事人的合法权益进行了一些法律思考并提出了相应的建议。文章首先明确了劳动争议的概念，介绍了我国目前的劳动争议处理体制的基本情况，处理机构等；其次，分析了当前我国劳动争议处理体制各方面存在的问题。在此基础上，确定我国劳动争议处理体制改革的价值目标；最后，本文就我国劳动争议处理模式方面提出了改革的建议。
[Abstract]:Labor dispute settlement system is not only an important part of labor law, but also the basic system of labor dispute settlement method and procedure. With the deepening of reform and opening up and the continuous improvement of market economy, there are more and more labor disputes caused by the difference of interests. The current labor dispute settlement system in our country makes use of the labor administrative department to play the role of arbitration, and forms a relatively independent and interrelated trinity labor dispute settlement system. However, the labor dispute cases after arbitration have not actually taken effect, and the number of court cases has not been significantly reduced because of the establishment of pre-procedure. The malpractice of the current labor dispute settlement system is gradually exposed in the operation, therefore, it is necessary to reconstruct the labor dispute settlement system in our country. The author believes that the construction of a new system of labor disputes in China, procedural justice and efficiency are two value orientations. It is the general trend from "substantive justice" to "procedural justice". The core requirement of procedural justice is that those whose interests can be directly affected by the judgment result can participate fully and meaningfully in the production process of the referee result, so as to exert an effective influence on the formation of the referee result. The new labor dispute settlement system should take efficiency as its value orientation while pursuing and realizing procedural justice. Under the guidance of judicial fairness, efficiency and litigation economy, this paper makes some legal thoughts on how to develop and perfect the labor dispute settlement system in our country and how to ensure the legitimate rights and interests of the parties to the labor dispute, and puts forward some corresponding suggestions. First of all, this paper clarifies the concept of labor dispute, introduces the basic situation of the current labor dispute settlement system in our country, the handling organization and so on; secondly, it analyzes the problems existing in all aspects of the current labor dispute settlement system in our country. On this basis, the value goal of the reform of labor dispute settlement system in our country is determined. Finally, this paper puts forward some suggestions on the reform of labor dispute settlement mode in our country.
【学位授予单位】：兰州大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D922.591
本文编号：2497818
[Abstract]:Labor dispute settlement system is not only an important part of labor law, but also the basic system of labor dispute settlement method and procedure. With the deepening of reform and opening up and the continuous improvement of market economy, there are more and more labor disputes caused by the difference of interests. The current labor dispute settlement system in our country makes use of the labor administrative department to play the role of arbitration, and forms a relatively independent and interrelated trinity labor dispute settlement system. However, the labor dispute cases after arbitration have not actually taken effect, and the number of court cases has not been significantly reduced because of the establishment of pre-procedure. The malpractice of the current labor dispute settlement system is gradually exposed in the operation, therefore, it is necessary to reconstruct the labor dispute settlement system in our country. The author believes that the construction of a new system of labor disputes in China, procedural justice and efficiency are two value orientations. It is the general trend from "substantive justice" to "procedural justice". The core requirement of procedural justice is that those whose interests can be directly affected by the judgment result can participate fully and meaningfully in the production process of the referee result, so as to exert an effective influence on the formation of the referee result. The new labor dispute settlement system should take efficiency as its value orientation while pursuing and realizing procedural justice. Under the guidance of judicial fairness, efficiency and litigation economy, this paper makes some legal thoughts on how to develop and perfect the labor dispute settlement system in our country and how to ensure the legitimate rights and interests of the parties to the labor dispute, and puts forward some corresponding suggestions. First of all, this paper clarifies the concept of labor dispute, introduces the basic situation of the current labor dispute settlement system in our country, the handling organization and so on; secondly, it analyzes the problems existing in all aspects of the current labor dispute settlement system in our country. On this basis, the value goal of the reform of labor dispute settlement system in our country is determined. Finally, this paper puts forward some suggestions on the reform of labor dispute settlement mode in our country.
【学位授予单位】：兰州大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D922.591
【引证文献】
相关期刊论文 前1条
1 付桂荣;;劳动争议处理体制改革探索[J];法制博览(中旬刊);2013年06期
相关硕士学位论文 前1条
1 高冠秀;劳动争议解决机制研究[D];烟台大学;2008年
本文编号：2497818
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