Study Of The Legal System Of Labor Contract During The Reign Of Nanjing National Government

Labor problems were social phenomenon in the process of industrialization in Western countries. Early capitalism adhered to the "principle of freedom of contract", between employers and employees "free employment relationship", hiring and firing were free, between employers and employees they were a pure claims and liabilities. The consequence of "hiring freelance relationship" was that workers could work for instability, low living standards. Therefore, with the gradual rise of each national labor movement intensified contradiction between labor-management. In order to resolve this contradiction, the Western countries developed labor laws to protect labor rights in the late nineteenth and early twentieth centuries, In this way, the labor contract system with the associated social nature was established.In China, the labor problem did not exist originally. After the Opium War, with the influx of foreign capital, the rise of the Westernization Movement and the national capitalist development, industry gradually flourished, labor-management conflicts were thus apparent. After the Fourth Movement, China's working class began to wake up to change the labor movement from spontaneously to self. From then, the labor movement evolved, a strike waved after another. In this social context, In 1920s all levers of the community required labor legislation increasingly. However, until the establishment of the Nanjing national government the large-scale labor legislation really started. The labor contract system with social character was able to set up in China.This article is intended to analyze the formation, change, main content of the labor contract system, and learn from it during the period of Nanjing Nationalist Government.The main content of the first chapter is the historical background of the labor contract system. China's modern industry led to the labor-management class and its organizations to produce, they formed the political basis of the setting-up labor contract system. The Evolution of thought of China's labor abroad had a significant impact on the thought of China's labor and the labor movement. Chinese workers began the fight for the legislation concerning labor rights. Advanced compact system aboard provided an advanced legal system and cultural experience for the Nanjing government's labor contract system, In the early days, the Soviet Union's labor trends had a major impact on Guangzhou National Government, however, After the victory of the Northern Expedition, Nanking National Government were influenced greater by the countries such as France and Germany ,etc.The main contents of the second chapter are the germination and development of labor contract system. In the early Nationalist Government, subjective and objective factors contributed to the rise of labor legislation. Northern Government conducted the legislation of trade union in response to demanding the rights of workers. In order to promote the development of the democratic revolution, the Guangzhou National Government formulated a series of labor policy, labor laws and regulations to enact and confirm the right of workers to form trade unions so as to protect the legitimate rights and interests of theirs. Chinese trade union secretariat also led the workers to carry out the labor legislation. The legislative activities of labor promoted the germination labor contract system. However, with the progress of the Northern Expedition, the Kuomintang initially implemented more radical policies to labor moderate and progressive labor policies. After Chiang Kai-shek launched the "412", the violent suppression of labor movement changed the original pattern of labor relations. Afterward,model of legal and thought of legal labor contract changed.The main contents of the third chapter are labor contract system and legal sources. For the adjustment of labor relations, the Nanjing National Government conducted a series of labor legislation, enacted a number of labor laws, such as the "Labor Contract Law," "Factories Act", "Trade Union Law" and so on, including working hours, wages, labor hygiene, protection of special groups and labor insurance, these provisions provided a legal basis for the establishment the rights and obligations for employers and employees. These provisions constitute the legal sources of labor contract system, at the same time, the KMT's labor policies also contain a large number of aspects of the labor contract system, which also has become a source of law of labor contract system. in addition, the factory rules, labor agreements were served as a basis for establishing rights and obligations of employers and employees. The main contents of the forth chapter are to analyze the meaning and nature of labor contractual relationships, introduce rights and obligations of the parties under the labor contract of the Nanking Nation Government ,analyze the differences of the employment contract and civil employment regarding civil services contract. Labor contract relationship is agreement signed between the workers and their employers, in which workers provide labor for employers to use, while employers pay compensation. Compared with the civil contract, labor contract is characteristics of Subordinate, social and the particularity of the object of labor.Chapter V is to introduce the main content about labor standards and labor welfare system of the Nationalist government. Working hours system includes the relevant provisions such as working hours, rest and leave; Wage standards set the basic system of wage standards establishment, wage forms and wage levels; In the labor welfare, the chapter analyzes the causes of labor welfare system, requirements and implementation of labor and Welfare system of the Nanjing National Government. In general, the Nanjing government regulations on working hours, wages are more demanding, benefits are also very poor.Chapter VI is to introduce China's unique system of labor contracts in National Government. The particular social context of modern Chinese society caused a lot of special employment approach, In old China, the capitalist adopted these methods employing for the ruthless exploitation of workers. This chapter analyzes the specific causes of the labor contract system, recruitment system, contract system and other modes of employment, as well as free style bonded labor, apprentices and develop workers and other special employment practices. These particular labor contract systems were produced under the objective situation of a semi-colonial semi-feudal society, these particular labor contract system was the objective existence of the practice in the Republican period, the labor contract system was an essential component.The main contents of Chapter VII are to implement the labor contract system. The labor contract system, as a law, realized the value of the labor contract system eventually through the implementation to get the purpose of the coordination of labor relations and the workers'protection. Labor regulations provide for some of the elements of implementation of the labor contract system, these elements include: the way the labor contract made, the main form of labor contract the Republic of China entered into was the oral; the principle of making labor contract is the principle of freedom; Elements of the labor contract and the Elements of its to put into effect; end of employment contract, it includes the reasons for termination and dismissal of labor contract system ,responsibility for illegal dismissal and Issued a certificate of workers and so on. Nanjing government, through implementation of the relevant provisions of contract system, the course of the entire operation constraints between the two sides to achieve the KMT's "co-labor policy" purposesThe main contents of Chapter VIII are the historical significance of the Nanjing Nationalist government labor contract system and impact. This chapter first analyzes the contents of the labor contract system and assessment of the Nanjing national government. For example, it provides the theory of occupational invention attribution, Workplace, its change principles, the employer's obligation to issue a certificate of Principles after the termination and change of labor contract. These systems, there seems to be reasonable today. Meanwhile, in a main traditional agriculture country, the establishment of the labor contract system is inseparable from the contribution of a large number of knowledgeable jurists who familiar with foreign labor law. The labor contract system of Nanjing National Government was built on the basis of the inspection of the advanced legal system of labor, combined with the actual situation in China. Many considerable scientific elements of Nanjing National Government labor contract system, even today, also appear to be learned. At present, the labor contract system in China's Taiwan region has made significant changes, however, the following the labor contract system of the Nanjing Nationalist government can also be seen from. The new China labor contract system has gradually been established after the economic reform, it was developed under the actual conditions of the Chinese labor system. The history of the establishment is not long. Comparing to the labor contract system of the Nanjing national government, there are significant differences. However, there are also shortcomings in China` labor contract system, for example, as far as some issues of fixed-term employment contracts and unfixed-term employment contracts are concerned, compared to fixed-term employment contracts of foreign countries as an exception and unfixed-term employment contracts as the norm, due to fixed-term employment contract system as the norm, the labor contract system in China results in short-term labor contracts and the worker's employment in an unstable state; regarding labor dismissal protection, because of lack of labor dismissal protection system, the employing unit fired contracts are almost imposed no restrictions, responsibilities are also very limited, These are not conducive to the protection of workers. Therefore, whether the time of the establishment of the interests of the dispute processing system has come, how to establish a sound system in dealing with labor disputes, these problems can not be evaded before us.