| Labor inspection, as an enforcement act to safeguard the legitimate rights and interests of laborers, plays an important role in the legal mechanism to adjust the labor relations, and also bears the national responsibility of "bottom line control" of labor rights. Currently, the labor relationship in China is faced with the dual impact of social transformation and globalization, as well as "racing to the bottom" in working conditions and labor interests via limited employment opportunities and flow of capital to pursue maximum profit. The increasingly striking conflict of laborer and employer is not conductive to the sustainable development and the stability of society and economy. It is urgent to re-examine the labor inspection system, namely how to effectively protect those workers who are in weakened position in the labor relations.Labor inspection is an administrative act by the operation department of labor law. Research on labor inspection from the perspective of administrative law shall pay more attention to the research of administrative law with its own characteristics, combined with the fruits of the labor law. The core of this perspective is labor inspection and control, while the core of labor inspection and control is the power of labor inspection.In terms of the deconstruction and regulation of the labor inspection power, the goal involves the following parts:by the deconstruction of the power of labor inspection, it aims to provide the theoretical basis and system design for the state to fulfill their obligations to protect the rights and interests of workers and guide the construction of the labor inspection system; it will give a further research into the positive and negative factors which influence the functions of labor inspection, in order to make the labor inspection be a real guard for human rights and social justice, and thus to achieve the harmony between laborer and employer and also social harmony. The following aspects are required to be probed into.Firstly, the nature and range of the power of labor inspection power shall be defined. The inherent attribute of labor relationship determines its nature as a public law. Labor inspection power refers to the administrative enforcement right of public power to adjust certain labor relationship. Its legal intervention and respect to contract are basic principle of the labor inspection power conducted by related departments. The intervention into labor relationship bases on compulsory law regulations with the core of labor standard, as well as the private right autonomy in non-compulsory labor law. Labor inspection, arbitration and litigation have their respective power borders. The definition of the necessity and legitimacy of labor inspection power provides the theoretical basis for power definition to improve the labor inspection system.Secondly, the paper clarifies the function positioning and effect of the labor inspection power. This requires a lens from the inner mechanism and logic, and an exploration of the labor inspection power, both in theory and practice, as well as the factors affecting its function. Analysis of the function of the labor inspection power depends on two aspects:one is to look at the historical evolution of labor inspection system; the second is to unveil the relationship between social change and the labor inspection. The starting point and final enforcement of labor inspection’s function shall be positioned to safeguard the legitimate rights and interests of workers. Whether to realize the regulation of labor interests belongs to the judgment of intrinsic value of the labor inspection power. In reality, the labor inspection right integrates protection of right and dispute-resolving by labor unions. To clarify the function positioning and effect could help define the purpose and function of the labor inspection power.Furthermore, this paper analyzes the legal operation and regulation of the labor inspection power. It elaborates on the value in labor inspection, power subjects, allocation of power, and control of power, etc. Thus, it argues that the operation and regulation of the labor inspection power refer to the control of power, the realization of procedural justice, introduction of democracy and public consolation, involvement and inspection of stakeholders and executives. The theory of law and governance provides a rewarding insight to resolve such sorts of problems. Discussion on the legal operation of the labor inspection power shall focus on the subject, the path and the frame of power.Finally, this paper probes into the design and improvement of labor inspection system. It explores further the tendency of the labor inspection system within the global context as well as its influence upon China; discusses the frame and problems of the labor inspection in China; learns from relevant regulations of international labor inspection system and puts up forward how to improve the labor inspection system from two perspectives-poly-basic resolving scheme for disputes and harmony between laborer and payment. The paper holds that globalization and the development of science and technology prompted new changes in the labor inspection system and it has become a tool to govern the society. As to China, in order to comply with the tendency of international labor inspection system, the system shall be promoted, the concept in enforcement shall be transformed and the intervention in enforcement shall be further intensified. The development of the labor inspection system in China is opposite to the way abroad. Therefore, the design and improvement of the system should reckon with the realistic context of the economic, political and social conditions in China. All the factors, including balancing the benefits of laborer and employer, mitigate their conflicts, and realize the harmony, are the key to the improvement of the labor inspection system. |
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