| In the circumstance of socialist market economy, being the mainstay of economic activities in this society, enterprises are also the leading creator of social wealth, and the bearer of the first distribution of national income. If the first distribution seriously deviates distribution justice, distribution is unable to be turn again. The justice of enterprise income distribution between labor and management is not only related to the justice of enterprise income distribution, but related to the justice of first distribution of national income and the entire national income distribution. However, there is a misunderstanding in both China's theoretical and practical circle:we focused on efficiency in first distribution, and left equity to the re-distribution. This erroneous understanding directly leads to respecting efficiency blindly, ignoring and trampling fairness in the practice of corporate income distribution, Not only ignoring and trampling on fairness can not contribute to the efficiency that, but it is an impairment of the efficiency. This point has been proved by that Chinese income gap between labor and management, conflicts between labor and enterprises, blocked economic development of whole society, and the vicious cycle pattern of detracting common interests. In a society ruled by law, the law is the most authoritative and effective means to safeguard the right, to protect the interests, and to achieve justice. This paper based on "the first distribution also needs to pay attention to justice" in the report of the17th Party Congress, bringing the issues of distributive justice into the field of corporate income distribution between labor and management. This paper gives analyses on legal reasons of that enterprise income distribution departure from justice, and explores the legal path to achieve justice of corporate income distribution. This has a positive and important significance towards no matter the development of theory of distributive justice, or the reform of enterprise income distributive system, or the improvement of the legal system of enterprise income distribution.The author introduces the theoretical basis of enterprise income distribution between labor and management from several aspects:theory of labor's value and the surplus value, theory of human rights, theory of labor-management benefit community, and theory of profit sharing. Firstly, theory of labor's value and the surplus value indicates the real source of corporate profits:the capital elements provided by management bring value transfer only, and can not add values. And the enterprise profits are generated from increasing value of labor power (including laborer's labor and business operators' and managers' labor). Considering enterprise income distribution, we should respect labor and workers, and we should let the income based on hardworking take the dominant position in the enterprise income distribution. Secondly, human rights is the most basic right for men, and the right of subsistence and development is the core of human rights. Theories of human rights require the enterprise income distribution not only to meet the workers' and their families basic needs, but also, to some extent, to protect labor's right of development, and to provide the material basis for their development. Thirdly, theory of labor-management benefit community is the subversion of the traditional conflicts theory. From the long-term perspective, labor and management in an enterprise are not the group of contradictory interests, but a community of interests. The theory requires that in the income distribution we should not only pay attention to the management's interests, but also pay attention to workers' interests. We shall never be discriminatory, especially favoring management's interests over worker's for capital advantage. Finally, theory of profit sharing requires that achievements of enterprise development shared by employers and employees, rather than owned by management only with its capital advantage. In the pattern that "Capital over labor", theory of profit sharing also contains a connotation that labor who in a weak position need protection.Equality, freedom, fairness, and efficiency, all these are organic elements for composing the value of enterprise distributive justice. But in the sequence of values, there are different perspectives of distributive justice:the liberal advocates of freedom and efficiency; the leveler stands on equality and fairness; and the one who believe in eclecticism advocates the equal priority of freedom, efficiency, equality and fairness. The forming of the justice of enterprise income distribution between labor and management passed four steps:"priority of fairness","pay attention on both efficiency and fairness","give priority to efficiency with due consideration to fairness", and "laying stress on fairness in preliminary distribution"."Laying stress on fairness in preliminary distribution" enhances the status of fairness in the value composition of the justice of, emphasize the fairness in the field of enterprise income distribution. Actually, it has developed and improved the "give priority to efficiency with due consideration to fairness". The so-called "give priority to efficiency with due consideration to fairness" means giving priority to efficiency instead of fairness. This value orientation ruled the internal relationship between efficiency and fairness. But during the process of chasing profits, we have given up the caring of fairness with the guide of policies "focusing on the central task of economic construction" and "developing social productive force energetically". And the inevitable result of giving up the fairness is the common lessening of both efficiency and equity.1believe that, we should give priority to fairness. What we call efficiency should be the one based on fairness, and there is no efficiency when there is no fairness. Therefore, the value orientation of enterprise income distribution should change "give priority to efficiency with due consideration to fairness" into "efficiency based on fairness". It has stressed the efficiency, allowing the existence of certain labor income gap; in another aspect, its has settled limits towards pursuit of efficiency:we can not abandon fairness to pursuing efficiency, and we can not abandon efficiency to pursuing fairness. This value orientation is the basic requirement of both human rights and China's essence of socialism. It not only rationalizes the relationship between fairness and efficiency, but also realizes the inherent unity of them."Distribution according to work as main body, and a variety of modes of distribution coexisting" is the current distribution mode in our country enterprise. Among them, the state-owned enterprise is distribution according to work, that is, distribution according to the labor contribution; and on the private enterprise follow distribution according to factor of production, that is, distribution according to the element of production contribution. Distribution according to work and according to factor of production reflects not only the equality, but also reveal the contribution, and is basically consistent to distribution justice principles. But in practice of our country enterprise labor income distribution, distribution according to work and according to factor of production, advocating equality is only form equality (equal rights and equal rules) and is not essential equality. It pays more attention to capital contribution, not labor contribute, and labor basic needs not to be considered. In order to promote justice of our country enterprise labor income distribution, author think, it should take the principle of distribution justice as theoretical prerequisite, reconstructing the principle of distribution justice between labor and corporation into the principle of distribution according to participate, the principle of equal distribution and the principle of distribution according to basic life needs. According to contribution participate into distribution principle is the specific application of contribution principle in income distribution between enterprise and labor, it means that the enterprise pay reward according to the contribution for society that production factors makes, which labor and enterprise put into production. The corresponding income that two sides get is realization of the economic in ownership of production factors, but the essence is the reward to contribution of society, which brought by production elements that the both sides of labor and enterprise putting into. Equal distribution principle is the specific application of the principle that equality in the enterprise labor income distribution, it means to in the enterprise labor income distribution, the labor and the management of enterprise enjoy equal rights to get income distribution, they can equal to participate in that process, and get the income corresponding to their contribution. Equal distribution principle means not only equal to own distribution rights, but also means combining essential equality. That's to say, we have to look beyond the form equality and fully considered the objective differences between the employers and workers, and give the labor in the weak position tilt protection, so that prevent the management's use of its capital advantage exploited labor. The basic life needs principle is the specific application of needs principle in the enterprise labor income distribution, it is to point to the income that labor get in distribution must cater to their own and their families basic needs. This principle is specifically targeted at the revenues for labor, setting the bottom line for labor income, namely whether labor's contributions, labor income shall not be lower than the share for labor themselves and their families' basic needs.Author using an empirical investigation and data analysis, come to the conclusion that the overall performance of our country enterprise labor income distribution deviating distribution justice are:the management's income is too high, labor income is too low, the management income occupy labor income, labor failed to get synchronous gains from business and social economic development.The specific performance are:(1) labor income share of GDP is low. Labor income plus peasant workers income, less than22%of GDP, that formed a sharp contrast to the western developed countries which employees pay an average50%above of GDP;(2) enterprise (the management) income, including government income of GDP has a rising trend up year by year, but labor income in GDP accounting declined year by year;(3) the total revenue in the labor though increased year by year, but growth pace is far more lower than enterprise (the management) income and government income growth speed;(4) labor income was wanton squeezed, defaulted, embezzled by enterprise (the management);(5) enterprise profit erosion labor wage;(6) the management exclusive possess enterprise surplus; And so on. Visibly, the enlargement in our country present enterprise labor income gap cause enterprise labor income distribution deviating of distribution justice. The legal reasons as follows:first,"giving priority to capital" guiding ideology of the legislation leading to enterprise labor income distribution laws and regulations guiding and indulging to lay particular weight on the management interests; Second, the labor rights configuration is not equal, and absenting of labor property law, so that labor can't participate in enterprise surplus distribution, enterprise surplus owned by the management's exclusively; Third, the legislation of labor wage right has inadequate protection in our country, there are many problems from wage legislation, the minimum wage legislation,salary determining by collective negotiation to the wages normal growth legislation and so; Fourth, government regulations as obligation on the enterprise labor income distribution is not enough, and the government's disorder problem is serious in the enterprise labor income distribution; Fifth, trade unions protect worker wage distribution rights effectively.In view of legal reasons for China's enterprise labor income distribution deviating of distribution justice, in perfecting on countenneasures, the author suggest do it through three aspect:the legal idea of enterprise labor income distribution law legislation, law principles and specific legal system In the legal idea, the author advocates change "giving priority to capital" idea with the people foremost idea, labor protection idea, labor and enterprise benefits lean win-win principle and fair share ideas. People foremost idea requires not only means labor foremost, but give concern to management requirements; giving the labor and the management equal legal status; taking the labor and the management as purpose, rather than means; preventing excessive differentiation between the employers and workers. Tilting protection for labor idea require through setting legal system which seems not equal to protect labor that is in the weak position, so as to realize the essence of labor interests equality. Labor win-win principle require legislation lead enterprise management to take the ides of achieving both sides maximum benefit as their inherent spirit and common paradigm. In "capital strong while labor weak" pattern, adhering to the labor win-win principle is to be nice to labor, because be good to the labor is also to the management. Fair share ideas requires legislative protection to fair sharing of enterprise development efforts between labor and management. It means that workers can not only gain wage which cater to their own and their family members'basic needs, but also be able to participate in share the enterprise surplus. In law principle, the author thinks that our country enterprise labor income distribution legislation should insist that the right to labor protection principle, labor interests balanced principles and enterprise benefit maximization principle. Labor rights protection principle is to protect workers get incomes to support their own and their family's basic needs based on the law in the labor interest game; Labor interests balanced principle requires enterprise legislation should take the interests of both sides,not attend or cherry only one side; Enterprise benefit maximization principle aims to make the enterprise "cake" biggest by legislation guiding, standardizing and promoting enterprise to make the "cake" biggest,while based on this, realize the maximization of the labor and enterprise's respective benefits. In the specific legal system of perfecting, firstly to establish labor property rights, make the rights of labor claims to share the enterprise surplus has statutory delimitation, offering labor legal basis to participate in the enterprise surplus share; Secondly, perfecting our country's legislation of wage, ensuring the realization of the right to the labor wage; thirdly, strengthening the government's obligation; Finally, the labor union can make labor wages rights protection come true.
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