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    • 蒲公英阅读网 > 范文大全 > 慰问贺电 > 正文

    法学专业,对我国现行劳动争议处理制度探讨

    时间：2021-06-28 15:08:48 来源：蒲公英阅读网 本文已影响人 蒲公英阅读网手机站

    相关热词搜索：劳动争议 我国现行 探讨

    　第 I 页 摘

    　要 随着《劳动法》的成功实施，《劳动争议调解仲裁法》的相继颁布和实施以及社会主义市场经济体制改革的深入，我国的经济实力实现了飞跃发展。与此同时，我国劳动关系领域发生了深刻变化，劳动争议案件持续快速增长，不同类型的劳动争议频发不断，现行劳动争议处理体制暴露出了比较明显的弊端。党的十五届五中全会对劳动关系调整和劳动争议处理提出了新的要求，使我国劳动争议处理工作日益突出。工业的改组改造，将使劳动结构发生重大调整；深化国企改革，将使劳动关系主体进一步清晰；完善社会主义法制，将使中国劳动人民的法律意识不断增强，因而劳动关系中呈现的各种矛盾将更加突出，劳动争议数量仍将持续高速上升，劳动争议工作面临的任务十分艰巨。但是，我国现行劳动争议处理体制与不断深化的改革以及市场经济环境中劳动关系发展的需要不相适应。在我国已加入 WTO 的新形势下，建立一个适合我国国情的符合市场经济运行规则的劳动争议处理体制已迫在眉睫。

    　本文系运用规范研究的方法进行专题研究，结合我国劳动关系发展现状，分别从劳动争议现状、现行劳动争议处理体制、劳动争议处理体制的问题与缺陷以及对劳动争议处理体制的完善与构建四个方面进行阐述，以供有识之士商榷。

    　本文创新主要体现在结合劳动争议现状，深入分析现行劳动争议处理体制的问题与缺陷，并提出了完善针对劳动争议处理体制漏洞的针对性对策。

    　关键词：劳动争议；处理体制；调解；仲裁；诉讼

    　第 II 页 Abstract

    　Along with the Labor Law’s successful implementation, Labor dispute mediation and arbitration law’s successively promulgated and implemented, and the thorough of socialist market economic system reform, our economic strength has achieved leap development. At the same time,

    　profound changes have happened in our working relationship: labor dispute cases kept growing rapidly, Different types of labor dispute occurred frequent constantly, The current labor dispute processing system has exposed shortcomings obviously. The fifth plenary session of the party"s 15 has put forward new requirements for labor relation adjustment and labor dispute processing, which makes our labor dispute processing work more and more serious. The Industrial reorganization and transformation will make significant adjustment on labor structure; the deeper reform of state-owned enterprises will make labor relations subject clearer; the improving of the socialist legal system will make our people’s Legal consciousness increase. Thus labor relations of the present contradictions will become more outstanding, and labor dispute amount will maintained high rise, so labor dispute work is faced with very arduous task. But China"s current labor dispute processing system doesn’t adapt to the deepening of reform and the needs of the development of labor relations in market economic environment. In the new situation that China has joined the WTO, it turns to be imminent to establish a suitable labor dispute processing system for China"s national conditions of market economic operation rules. This paper uses standard methods to product project research.

    　The innovation of this article mainly reflects in combining the labor dispute the status quo, the thorough analysis in present labor dispute processing system’s problems and defects, and Putting forward targeted measures for the vulnerabilities of needle labor dispute processing system.

    　 Key words: Labour disputes; settlement system; Mediation between the parties; The arbitration; litigation

    　第 III 页 目

    　录

    　摘

    　要 ······································································································································· I Abstract ······································································································································· II 一、绪论 ······································································································································· 1 （一）研究背景 ··················································································································· 1 （二）研究目的及意义 ······································································································· 1 （三）文献综述 ··················································································································· 2 1.国内文献综述 ············································································································ 2 2.国外文献综述 ············································································································ 2 （四）研究的主要内容及方法 ···························································································· 3 二、劳动争议概述 ······················································································································· 4 （一）劳动争议的概念 ······································································································· 4 （二）劳动争议处理制度的概念 ························································································ 4 （三）我国现行劳动争议处理制度概述 ············································································ 4 （四）现行劳动争议处理制度 ···························································································· 4 1.劳动争议的协商和调解····························································································· 4 （五）

    　现行劳动争议处理制度的特征 ·············································································· 6 1.诉讼主体增多 ············································································································ 6 2.诉讼类型多样化 ········································································································ 6 3.劳动争议案件大幅上升，呈井喷之势 ····································································· 6 4.劳动争议案件群体化 ································································································ 6 5.劳动争议案件仲裁率高，起诉率高，上诉率高 ····················································· 6 （六）现行劳动争议制度的现状 ························································································ 7 1.劳动争议处理制度吸收三方原则 ············································································· 7 2.自愿与强制相结合 ···································································································· 7 3.劳动争议处理制度建构多元化 ················································································· 7 4.劳动争议仲裁是诉讼的法定前置程序 ····································································· 8 5.劳动争议仲裁不具有终局效力，诉讼结束才是劳动争议结束的标志 ·················· 8 6.劳动争议仲裁机构由劳动行政部门主管 ································································· 8 （七）现行劳动争议处理原则 ···························································································· 8

    　第 IV 页 1.依法处理原则与公平合理原则 ················································································· 9 2.平等适用法律原则与维护双方合法权益原则 ························································· 9 3.加强调解原则与自愿合法调解原则 ········································································· 9 4.及时处理原则与及时执行原则 ················································································· 9 5.司法最终解决原则与仲裁裁决终局原则 ·····················...

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