| In the early Republic of China, the workers have grown in number rapidly with the Chinese industry development. They were mainly distributed in the coastal areas and the zone along the Yangtze River and railways. They worked in long hours with low wages while facing the risk of occupational accident, disease, unemployment, maternity and so on. At the same time, changes in family structure and mobility weakened the traditional family security functions. Therefore, it was necessary to establish the modern social security system. At this point, some western developed countries have established modern social security system, and it was a consensus of the international community to resolve the labor problem by the system. This concept was introduced into China with "the influences of western culture and civilization" and promoted by the international labor organization, and thus for society to agree. The intelligentsia influenced public opinion through the translation and introduction of foreign ideology and system of Social Security, and the main political parties and labor groups proposed their social security goals, labor masses also expressed their social security demands by strikes.In this context, the Government of the Republic of China began the creation of social security system for the labors. The process can be divided into three stages.First, the legislation attempt stage of Beijing Government of republic of China (1912March to June1928); The Beijing government began attempts to the labor legislation, and local labor legislation also had some related content. Due to various reasons, such legislation has not been implemented. Secondly, the legislation preparation stage of the Nanjing National Government (1927April to November1929). Shortly after its’ establishment, the Nanjing National Government began to draft the Labor Code, but it was ultimately no introduction because of changes in the legislative approach. The Ministry of Industry and Commerce as the competent authority began to draft "Factories Act", which contained the social security rules such as occupational accident security, maternity security, unemployment security, welfare. It was of great concern to society in the drafting and consultation period. Third, the legislation introduced and correction stage of the Nanjing National Government (1929December to July1937)"Factories Act" caused great reactions after the announcement in December1912. Regarding social security, local labor administrative authorities, employers organizations and labor groups put forward opinions and suggestions, hoping the law made in favor of one’s own interpretation and amendment. When "Amendment Factories Act" was announced in1932December, the social security scope and project content had changed. In this period, the unemployment security and labor welfare regulation was introduced. Social security system for railway, communication and mining laborers had been established.In the period of Nanjing national government (1927-1937), the social security system for labors was based on occupations, including the system of the industry and mining laborers, railroad laborers and communication laborers. There is five parts in the social security system for industry and mining labors, including occupational accident security, medical security, unemployment security, maternity security and welfare security, and also five parts for railway laborers and communication laborers, including occupational accident security, medical security, unemployment security, retirement security and welfare. In terms of the treatment level, the best is for railway laborer. In term of the security parts, the occupational accident security is detailed and specific. In term of the security modes, all the systems belong to the mode of employer responsibility system, which has three characteristics:the social security legislation for laborers belongs to the part of laborers law; the employers compensate for the loss of the laborer alone; as a primary social security code it has the trend towards the social insurance.Meanwhile, Nanjing national government established the labor administration authority for labor affairs including social security matters which was Labor Bureau, Ministry of Industry and Commerce, the Ministry of Industry for the industry and mining laborers, the Ministry of Railways for the railway laborers and the Ministry of Communication for the communication laborers. These departments have set up institutions in charge of specific work. Ministry of Industry factory implemented inspection system in which the content of social security for laborers was divided into five stages. At the outbreak of the Anti-Japanese war, the first stage of inspection was completed in the most part of China which contained the contents of occupational accident security, but factory inspection encountered obstacles in the concession.Based on a variety of data, the system covers about720,000workers. About the system implementation, there is a greater difference in different professions. In the system for state-owned railway and communication laborers, various projects have been better implemented. When they encountered the occupational accident, they could enjoy free medical care, wages, disability pension, survivors’ benefits and funeral payment; when they suffered from the disease, they could enjoy basic free medical care in the railway hospitals or commissioned hospital, as well as the sick leave, wages, survivors’ benefits; when they reached retirement age and length of service conditions, they could entitled to pension treatment. However, the vast majority of factories and mines was not given their laborers the relevant protection in the nationwide. When labor encountered specific risks, such as work-related injuries, there are certain treatments according to factories’ affordability and the state of affairs. Only in hundreds of factories and mines, laborers had explicit treatments through factories and mines rules, but the treatments were different with the systems. In all kinds of security projects, the implementation of occupational accident security is good, other projects are relatively poor.The social background of exogenous modernization plays a decisive role in the construction of social security system for laborers in the period of Nanjing National Government (1927-1937)。Immaturity of capitalist factors, the establishment of the system is more influenced by political factors. The following factors promote the system to establish in the short term:the radical concept of modernization of the ruling party in the context of foreign challenges, Kuomintang labor policy objectives under the background of the struggle between the Kuomintang and the Communist Party; the purpose of the new regime obtaining international community understanding and recognition; and ideological factors played a major role in the selection of the system mode. However the adverse factors lead to the predicament of system such as enterprise affordability, government responsibility, the related subjects understanding. But the establishment of the system conforms to the modern trend of social security for laborers and it is an important case of system modernization in the world history. This period is an important stage of modernization of Chinese social security for laborers, on behalf of the system transformation from traditional to modern stage. |
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