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《Journal of China University of Mining & Technology(Social Sciences)》 2019-06
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A Case-based Study of the Resolving Modes of Labor Interest Disputes in China

ZHAO Daojing;  
Based on a typical case study, this paper analyzed four types of resolving modes of labor and capital interest disputes in China. The advantages and existing problems were summarized;the countermeasures and suggestions were alsoput forward. The results show that although the industrial relations management concept continues to optimize, the legal system to resolve the labor and capital interest disputes is not perfect. All the four modes have advantages and disadvantages, among which, the government-led dispute mediation mechanism is the most effective, but lacks of institutional standards and legal basis.The third party intervention mode and bottom-up collective negotiation mode can resolve disputes with more equity, but their roles are only limited in a "useful, powerful" and relatively independent trade union organizations.The labor and capital negotiation mode can construct harmonious labor relations from the source, but it is difficult to form institutional mechanisms in all the enterprises.Finally, to resolve the labor disputes from the origin, we should realize the community of interest of labor, capital and politics, build smooth channel for labor and capital communications, construct institutionalized labor collective negotiation mechanism, cultivate qualified collective consultation subject and provide courtesy labor supervision and service from the government.
【Fund】: 国家社科基金一般项目“技术赋权与互联网时代的劳动关系转型研究”(项目编号:18BSH076)
【CateGory Index】: D922.5
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