中國의 企業紛爭調整處理體系에 관한 考察

Abstract

The establishment of Chinese market economy brings the diversified pattern of business forms, but the discrepancy of management idea, values and so on between different subjects definitely results in continuously arising of conflict，In most cases, Litigation is only a last option. At the same time, due to the differences of enterprises’scale and their respective economic strength, the forms of dispute self determination are obviously different，and dispute which restrict the subsistence and development of enterprises. After the disputes take place, it is an expectation for the enterprise to seek a fair、just、reasonable and effective way to adjust the dispute. Labor disputes not only involve in the interests of employers and employees, but they also have relation to the public interest of the entire society. So it is the foundation for building harmonious labor relations to resolve the labor disputes be times and efficiently. China has established the mediation mechanism of enterprise dispute, and it plays a positive and effective role in eliminating the enterprise dispute, upholding the legitimate rights and interests of enterprises, and ensuring the healthy operation of the market economy, however, it may be non-adaptive simultaneity. To build a sound enterprise dispute mediation mechanism, we should continue to reform, innovate and learn from developed countries including South Korea’s successful experience.