Research On The Legal System Of Collective Negotiation

Looking to the whole society, the labor relations exert influences on the economic growth, on the amount of social wealth and social income, and on the inflation and unemployment, which affects the standard of the social members’ living. As a result, the harmonious development of the labor relations becomes social continuously pursuit and goal. The legal system of collective negotiation is a necessary condition of the labor market mechanism. The labor relations have the property of subjection, and there’s a wide gap between the power of employers and employees. Workers are in a relatively weak position, which makes it difficult for individual worker to contend with employers in the labor market. The establishment of legal system of collective negotiation can make the individual to express his will by organizations. After more than ten years, the legal system of collective negotiation in our country has made remarkable achievements, but the defects and problems in the process of system operation can’t be ignored. This paper based on the connotation and the rights basis of the legal system of collective negotiation, analyzing the basic theory of the system, referring to the relevant law system abroad and researching on the present situation of the legal system of collective negotiation of our country, then sums up the problems existing in the process of system development in our country, striving to find the reasonable system designs and solutions.This paper stands on the legal perspective to discuss the legal system of collective negotiation from the following four aspects. In the first part: the basic theory of the legal system of collective negotiation. Firstly, the author describes the meaning and characteristics of collective negotiation and then elaborates the rights basis of collective negotiation. Finally, the paper analyzes the operating mechanism of the legal system of collective negotiation. In the second part: the foreign legal system of collective negotiation and the evaluation for it. The author mainly introduces the relevant laws and regulations of collective negotiation in the United States, Germany and Japan, and then summarizes the advanced experience of these countries, which can be learned by our country. In the third part: the current situation of the legal system of collective negotiation in our country.The author introduces the legislative and implemented status of the system in our country and analyzes the defects of it. In the fourth part: the suggestions of perfecting the legal system of collective negotiation in our country. Thispart is the key point of this paper. Based on the above analysis, the author raises the suggestions of perfecting, such as changing the legislative mode, strengthening representation and independence of trade union, improving the structure of collective negotiation, confirming the right to strike by law and unjust labor act regulations.