中國大陸勞動法制度與實踐整合型研究計畫－ 監察、仲裁、調解、司法：中國大陸勞資爭議處理機制子計畫

Abstract

中國勞動法制度與實踐之觀察中，有關勞動爭議之處理機制，一直是發展中的焦點。所謂具有中國特色之勞資爭議處理機制，包括訴訟上與訴訟上之雙重設計，有勞動監察、仲裁、調解、司法等不同程序，擺盪於或裁或審、一裁二審、一裁終局、隨時調解等的制度選擇之間。中國大陸各特殊區域在勞動保護實體與程序面向的一定程度先行，不受中央法令的絕對拘束，形成對於大陸相關制度觀察與理解的重要關鍵。透過對於重要區域的實地訪查調研，得以做出更準確的分析。

In Observation on the legal institution and practice on labor in Mainland China, the settlement about labor disputes stays very often as the focus. The so-called mechanism for legal settlement on labor disputes with its Chinese character, includes the double institutional arrangements not only the resolutional ways on court but also its alternative option, ADR, such as labor monitoring, arbitration, conciliation and not the less jurisdiction, went and go to its enforcement, is located but between several alternative institutional options as like as ?arbitration or jurisdiction“, ? one-time arbitration with twice jurisdiction“, ?one single arbitration at all“ and nevertheless ? conciliation at any time“, which occur always much conflict about the right institutional choice. In the so-called Special-Economic-Zones in the Mainland China, there are many different legal contents and procedures on labor protections which are allowed not to totally according to those from the central government in Beijing, it seems therefore as useful, to make the research and analysis on labor with the practical observation and surveys before place and the social participants and actors, except the normal normative legal discussion.