Collective Interests Dispute Under The Rule Of Law Governance Countermeasure Research In China

In 2007,China promulgated the “labor contract law” and labor dispute cases after a "blowout" growth trend.China's relevant laws, regulations and rules for the processing of individual labor dispute and right dispute,rules are more comprehensive,but for the interests of the labor dispute have few rules. With groups of awareness of the rights of laborers, with the progress of Internet communication technology, the entitlements the distributive justice idea has largely thorough popular feeling, labor rights consciousness gradually enhanced, asking for raise, improving working conditions, to unite and shutdown, sabotage, strike of collective action, to deal with and game with the management. Therefore, in recent years,the pearl river delta region appeared a lot of the interests of dispute. In the face of these social contradictions, the management from passive avoidance to forced to deal with, and then to rational pragmatic about negotiation and compromise, the local government from stability type response to practical processing, have important changes, and most cases were positive resolved. For the interests of the labor dispute of our country, these cases are also put forward to how to reform the relevant policy and system, under the rule of law to the governance of big problem, is worth paying more attention to. This paper uses case analysis, data analysis and empirical research method, comparison method, the method of normative analysis, and studying the above problems has important theoretical value and practical significance.This paper is divided into five parts, and around the labor interest disputes under the rule of law governance countermeasures for research. The first part is an introduction, mainly discussed the basic background, significance and the goal of this paper, academic basic situation of the research to collective interests, the author used the main research methods,innovation and deficiency. The second part, the author mainly combs some labor dispute case of the interests in recent years, analysis of these case studies, puts forward the collective interests of the governance problems.The third part discusses the current policy and the interests of the labor dispute processing system, and on the treatment of the consequences of the effects and defects for further analysis. The fourth part, the comparative study on the market economy developed countries and regional and international labor organization, the basic experience of the interests of the labor dispute processing, policy advice and its enlightenment to the interests of the labor dispute in our country under the rule of law governance. The fifth part mainly discusses the direction of reform in the interests of the labor dispute in our country under the rule of law and the method, mainly including the interests of the labor dispute in our country under the rule of law reform of the system requirements, the direction and focus of reform.In this paper, the study found that: Relevant laws and regulations on labor rights disputes in our country, especially in individual labor dispute solution system is relatively sound, but the study of employment interest disputes, rarely and the lack of effective legal norms, the countermeasures of the governance of the interests of the labor dispute under the rule of law is more scarce, the situation is far from adapting to the needs of comprehensively deepen reform and comprehensively governing the country according to law. The international community for the rule of law to solve the interests of the labor dispute, has formed a mature model and method. Our country should be combined with national conditions, based on the need of deepening reform, comprehensive carefully, make the relevant laws and regulations, system, mechanism of the interests of the labor dispute settlement in our country becoming sound, efficient, comprehensive under the rule of law. On this basis, this paper suggests: Labor rights must be evidence-based, collective bargaining(negotiation) mechanism to routinization, under the rule of law, the Labor administrative(government intervention, intervention, and service, etc.) mechanisms must be improvement, the market of labor relations related services under the rule of law.Trade unions must be correct positioning and solve credibility difficult dilemma. Local government as the main development and law enforcement main body role conflict must be solved. Must improve the rule of law system of collective labor law.