Research On The Government Intervention Of Labor Relations In China Under The Perspective Of Incomplete Contract

Since the implementation of the reform and opening up policies in China, China has experienced rapid economic growth in the last 37 years, the average annual growth rate of GDP reached 9.9%, the total value of GDP in 2013 exceeded 5.8 billion yuan, becoming the world’s leading economy. From the macroeconomic level, the development of China’s economy will greatly improve the economic income and living standards of the Chinese people, to create more possibilities and opportunities for the market wage growth. However, from the point of existing statistical data, China’s rapid economic growth does not bring fair and reasonable growth of wages to labourers. At present, not only the proportion of wages in GDP has been declining, and the gap between wage growth and corporate profit growth is gradually widening, the economic interest of workers has become an indisputable fact. This objective distribution is bound to cause a subjective sense of relative deprivation; the contradiction and conflict between workers and capital owners inevitably show up and show a growing trend. In fact, since 1990 s, China’s labor dispute cases have increased year by year, and workers’ collective industrial action(such as strikes, demonstrations, demonstrations, etc.) are gradually exposed.The imbalance of labor relations will adversely affect the economic development and social harmony and stability. Therefore, how to resolve the contradiction between labor and capital, the construction of a balanced labor relations, the harmonious development of economy and society is a big problem in front of our government and the public. China is currently in a period of economic transition, the market economic system has not been fully developed, the government plays a leading role in the adjustment of labor relations, and therefore, the government intervention in China’s labor relations needs to be a theoretical explanation. This article tries to put forward, never fully contract perspective to study the China labor relations of government intervention in the theme, the contents of the incomplete labor contract as the main line, analyzes the incompleteness of labor contract and from the attributes leads to the imbalance of the mechanism, discusses the ideas and functions of government intervention in labor relations condition complete contract under the definition, explanation and verification of the causes of imbalance of labor relations Chinese, and the practice of government intervention in labor relations in the western countries of the enlightenment to our country through the comparative analysis, put into effect that the point of government intervention of labor relations to ensure the basic rights of labor and enhance labor game force up. Then, connect the point and way of government intervention, and further puts forward the effective ways of establishing harmonious labor relations.As used herein, the logical deduction, mathematical analysis, measurement analysis, international comparative analysis and other research methods.This paper analyzes and discusses the government intervention of labor relations in China through 7 chapters, the main contents of each part are as follows:The first part is the theoretical analysis; this is the focus of the paper and constituted by three aspects. Firstly, it mainly summarizes and combs for domestic and foreign academic research on labor relations and adjustment problems, and gives comprehensive review on the basis of existing research results. Compared with the domestic research, foreign academic circles have formed a mature industrial relations theory, among them, Adam ? Smith’s division of labor theory and the theory of labor theory of value constitute the origin of labor relations, On this basis, gradually formed a “Marxist concept of class struggle”, “pluralism” and “monism” three viewpoints, scholars respectively carried out research on government intervention of labor relations and incomplete labor contracts on the basis of these theories, but, whether foreign or domestic, there is no systematic analysis of research on the issues of government intervention in labor relations from the perspective of contract, which for this article has ample room for growth.Secondly, reading from the contract theory to analyze the evolution path of contract economic theory from the neo-classical contract to incomplete contracts, it gives the meaning and conditions established of complete contract and incomplete contracts, in essence to analyse the difference between complete contract and incomplete contract; And then discusses the labor contract and incomplete, noting labor contract has more prominent incomplete than the special non-labor contract due to nature of the characteristics of the object of the labor contract transaction, the complexity of the content of the contract deal, team production activities and serious information asymmetry between employers and employees; Finally, it analyses the “implicit contract” feature of the labor contract, and discuss the consequences and impact of labor contracts arising from the perspective of incomplete contract enforcement.Thirdly, it analyzes the necessity of government intervention of labor relations under incomplete contract conditions, notes labor relations imbalance so that adversely affect the economic development and social harmonious because of working together of incomplete labor contract with the inequality of labor game force belonging to the employers, therefore, the government is necessary to intervene in labor relations; Secondly, analyzes the basic idea of government intervention in labor relations, on the one hand, to minimize the incompleteness of labor contracts, raise the executable extent of labor contracts, on the other hand, but also to enhance the labor game force, and improve the efficiency of the implementation of the labor contract; Finally, gives the mathematical analysis for government intervention in labor relations by the model of workers’ contract revenue and the model of important role of collective bargaining.The second part is contract theory explain of Chinese labor relations imbalance, firstly it analyzes the performance of labor relations imbalance from two aspects of imbalance of laborers wages and income distribution and labor conflicts and conflicts continuing to show and exacerbate; Then, based on the perspective of incomplete contracts, to explain the causes of Chinese labor relations imbalance from the three sectors of labor contract signing, compliance and government intervention in labor relations; And finally verify the causes of Chinese labor relations imbalance by constructing econometric models.The third part is International Experience of government intervention in labor relations. It firstly selects the United States, Germany and Japan as the typical country, and gives a comparative analysis of these government interventions in labor relations in the three countries, and then raises important Enlightenment for our country of contemporary Western countries successful experience on the government intervention in labor relations, that government must play the good role of mediator from the perspective of the interests balance, enhance bargaining power of labor by conferring workers the basic rights, adjust labor relations using various methods, try to resolve labor disputes using mediation method, and process labor disputes diversely and others, etc.The fourth part is the policy recommendations, basing on the basic idea of government intervention in labor relations, and learning from the successful experience of the western developed countries, this chapter mainly proposes our government future policy measures that should be taken on the issue of labor relations intervention. Including: Enhance labor Game strength by strengthening trade unions, improving collective consultation and collective contract system, promoting employment and improving labor market supply and demand and other measures; Ensure the realization of basic labor rights by promoting labor standard system construction and insurance welfare reform society, improving the monitoring system and strengthening labor law enforcement and other measures; Promote the improvement of labor dispute settlement system by improving aspects of the labor dispute mediation, arbitration and litigation system.