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URN etd-0615111-234548
Author Ching-chin, Lee
Author's Email Address No Public.
Statistics This thesis had been viewed 5358 times. Download 1109 times.
Department ICAPS
Year 2010
Semester 2
Degree Ph.D.
Type of Document
Language zh-TW.Big5 Chinese
Title A Comprehensive Review of Labor Litigation in China: Focus on Labor Dispute Resolutions and Judicial Interpretations
Date of Defense 2011-05-24
Page Count 281
Keyword
  • labour contract
  • litigation
  • arbitration
  • labor dispute
  • labor relations
  • Abstract Due to the planned economy, the labor relations in China had been merely an extension of the administrative relations for long. Led by collectivism, collective labor relations based on individual interests actually did not exist in China. In fact, the labor relations, aimed to protect individual labor interests, turned out to be a complex of labor interests, trade unions, and the administration. Although the factors such as labor interests, trade unions, and governmental regulations could be found in China’s labor market, the causes of them were quite different from those in western countries. Accordingly, the conceptions derived from Taiwan or other developed countries couldn’t be entirely applied when we analyzed the labor relations in China.
    The transition of the legal system of labor relations in modern China can be grouped under the two categories: preventive regulations and remedy measures. The former contains the implementation of labor standards, the enforcement of collective labor contracts, and the administration of labor contract system while the latter covers labor supervision and labor disputes resolution regulations. During the establishment of China labor laws, the regulations of the labor dispute resolutions tend to correspond with labor condition rules.  
    Different from the policies of dealing labor disputes in western countries, the labor dispute regulations in China strictly follow the three stages: mediation, arbitration, and litigation. In such an inflexible procedure, the clients have no freedom to choose preferred methods or measures. Most of all, since labor litigation is the final stage of the procedure, the judicial interpretation of the supreme civil court has a great impact on the results of labors’ relief-seeking. In other words, it plays a crucial role in the field of labor dispute resolutions. To have a full understanding of the labor dispute resolution system in China, the research begins with labor litigation and systematically examines the relations between arbitration and judicial review. 
    Advisory Committee
  • Daw-yih Jang - chair
  • Yue-shan Chang - co-chair
  • Chen-Ching Chi - co-chair
  • Jeng-rong Shyu - advisor
  • Shuai-liang Deng - advisor
  • Files
  • etd-0615111-234548.pdf
  • indicate access worldwide
    Date of Submission 2011-06-15

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