Research On The Factory Regime Of Foxconn From The Perspective Of Sociology Of Law

“The Factory Regime of Foxconn” and its legal characteristics and causes provide new, sociological of law and meso perspective and methods to discover the legal issues of the relation between “the Quasi-Foxconn Enterprises” and the workers there. The paper mainly focuses on the management mode of “the Quasi-Foxconn Enterprises” which is against to the ordinary workers, also the contradictions and the conflicts between the workers and the enterprises. The paper also explains its nature, the legal characteristics and the deep-seated causes of “the Factory Regime of Foxconn”.“The Factory Regime of Foxconn” is based on, and results of refining, specializing and reclassifying the theory of the Factory Regime. The demonstration totally analyzes “the Quasi-Foxconn Enterprises” with the help of the “two layers and four factors” structure- the labor process, the mode of reproduction of labour power, enterprise relations to market, enterprise relations to state. Ultimately, we define it like this : “the Factory Regime Foxconn” is a kind of factory regime which the ultra large scale enterprises undertake the low added value in the international industrial chain, such as assembly and processing, have adequate labor supply, use a variety of strict scientific management techniques to carry out Industry Engineering management, provide low wage level and the “split mode of reproduction of labour power” for the employee, and rely on the lack of labor basic rights and the selective failure of the macro-control.The demonstration follows the logic clue like that, “define the problems- analyze the problems – solve the problems”. The Part of Introduction introduces the objects, the significances, the research methods, the innovations of the research. Then, the paper analyzes the theoretical background of the factory regime and attempts to define “the Quasi-Foxconn Enterprises” and “the Factory Regime Foxconn”.The first part aims to “define the problems”. The paper tries to analyze the concept of “the Factory Regime Foxconn”. “The Quasi-Foxconn Enterprises” infringe the workers' rights, such as arranging excessive overtime, providing low wages, making serious psychological problems of the employees, weakening workers' rights and so on. The management mode and labor relations of “the Quasi-Foxconn Enterprises" has its unique significance. Compare “the Factory Regime Foxconn” with “Market Despotism”, “Hegemony factory regime” and the “Dormitory Labor Regime” to clarify its characteristics.The second part aims to “analyze the problems”, from both the micro perspective and the macro perspective to discuss the factors which cause “the Factory Regime Foxconn”. From the micro perspective, the paper discusses the dominant causes of “the Factory Regime Foxconn's” labor process and mode of reproduction of labour power, such as the lack of labor basic rights(collective labor rights), the abuse of the management authority, emptiness of the trade union in the enterprise and so on. From the macro perspective, the paper confirms the dominant causes of promotion in the forming progress of the enterprise relations to state of “the Factory Regime Foxconn”, for example, the local government administrative behavior is much pursuing “stability” and “profit”, the labor protection is so weak, etc. After all, the paper tries to find the root causes.The third part aims to “solve the problems”- provides legal governance approaches to “the Factory Regime of Foxconn”. According to the causes analysis, the lack of rights and balanced game mechanism in “the Factory Regime of Foxconn” is due to three subjects' functions, “the Quasi-Foxconn Enterprises”, the government and the workers. So the promotion of the legal governance approaches needs to concern these subjects. First, make “the Quasi-Foxconn Enterprises” to abide the labor law norms and spirits, to have a positive attitude to commit the social responsibility, to let the unity of the workers and strengthen trade union go. Second, promote the workers' consciousness fully awakening, rebuild the workers' dominant role in the labor relations and the labor process. The last, prompt the local government adhere to social and public interests, abide the rules and laws, and regulate the macro-control.The research has found that “the Factory Regime of Foxconn "and its legal causes have a strong explanatory power. The deep-seated causes in the law lie in the lack of basic rights of labour, the game cooperation mechanism, the abuse of the capital wanton and management, emptiness of the trade union, and the dislocation of the local government's macro-control, etc. Meanwhile, in the low position of the international industrial chain is the important economic reason. So we propose that “the Factory Regime of Foxconn " must be governanced by law. From the micro perspective, the basic rights of labour should be confirmed and protected, the equal game mechanism should be re-established and improved, the profit and self-interest of the local government should be eliminated, the appeals to claim rights and share interests of the workers and organization of workers should be encouraged and guided. From the macro perspective, the collective bargaining in the enterprise, industry and regional level should be strengthen, the labours' rules and regulations should be determined by the enterprises and the workers, and perfecting the administrative supervision mechanism of labor. In short, implement the labor law comprehensively through cultivating the workers' consciousness of dominant role, confirming rights, perfecting the system and so on...