基于博弈视角的劳动争议处理机制完善路径分析——以《劳动争议调解仲裁法》为例

Analysis of the Perfection of Labor Disputes Settlement System Based on Game Theory——Taking Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

我国目前劳动争议数量日益增加,内容日趋多样,结构日趋复杂。随着我国劳动争议案件的发展和变化,"一裁两审"机制被"或裁或审"机制所取代。本文试图证明"或裁或审"机制是"一裁两审"机制的发展,运用博弈方法建立了企业和劳动者的博弈模型,在"一裁两审"机制和"或裁或审,各自终局"机制下得出了不同的均衡,而后者的均衡结果要优于前者,这说明"或裁或审,各自终局"机制是对现有"一裁两审"机制的改进。

At present,with the number of labor disputes increasing,their contents tend to be manifold and their structures tend to be complicated.According to this law,'one arbitration and two trials' settlement system was adopted.With the development and changes of the cases of our labor disputes,the settlement system of 'one arbitration and two trials' is replaced by the system of 'arbitration or trial'.Here it will be proved that the system of 'arbitration or trial' is the improvement of the system of 'one arbitration and two trials'.And here the game theory is used to establish the labor and capital game model,and different balances are obtained under different settlement systems.And the balance gained under the system of 'arbitration or trial' is superior to that under the system of 'one arbitration and two trials',which indicates that the system of 'arbitration or trial' is the improvement of the system of 'one arbitration and two trials'.