Research On The Legal Realization Of Fair Distribution Of Labor Remuneration

Distribution is the basic way for laborers to enjoy the achievements of social development.However,as the most basic and important part of the distribution,the distribution of salary is the basic way for the laborers to obtain the economic income,which is not only directly related to the realization degree of the laborer's material interests,at the same time,fair salary distribution is also a symbol of the development of a country's market economy system and a reflection of the fairness and justice of the whole society.President Xi Jinping once said,"income distribution is the source of people's livelihood.It is the most important and direct way to improve people's livelihood and realize that the achievement of development is shared by the people." After the 18 th National Congress,the Party Central Committee attached great importance to the work of salary distribution,and adhere to the people-centered development.Some relevant policies and measures has been issued to effectively raise the level of laborer's salary.A salary distribution system which is suitable for the socialist market economy with Chinese characteristics has been established.And an orderly,rational and scientific salary distribution order has been gradually formed.As great achievements have been made in the reform of salary distribution,the level of workers' salary has been continuously raised,and the sharing degree of social development achievements has also been enhanced.However,it should also be noted that the main contradiction in our society has gradually changed from a class contradiction to "a contradiction between the People's ever-increasing demands for a better life and unbalanced and inadequate development." Various reforms have been carried out in depth,and new problems which refers to the pattern of laborer's salary distribution and fairness have emerged.The salary gap between different regions,different industries and different groups of laborers remains unreasonable,and the salary growth of some laborers,especially front-line laborers and low-income laborers,has been slow,the contradiction between the demand of the laborers for increasing salary and the increase of the employing unit's labor cost has become increasingly prominent,and the proportion of labor factors in the distribution of various production factors is seriously inadequate.All these problems need to be solved through deepening the reform,perfecting the system of labor law and its operating mechanism,and constantly perfecting the legal mechanism of salary distribution in the socialist market economy system in the new era.The academia has been committed to the study of salary distribution and remarkable achievements have been made,but there are still some problems need to be improved and deepened.First,it is necessary to expand and tamp the theoretical basis of the fair distribution of laborer's salary.The distribution theory of western capitalism,the concept of distribution justice of Marxism and the essence of Chinese traditional thought about social distribution are not opposite and disapproved of each other,on the contrary,we can integrate the three aspects,deepen and perfect the salary distribution theory system to guide the effective solution of the specific distribution of laborer's salary.Second,it is necessary to explore the development of the system which is in keeping with the development theme and background of the times.Most of the existing research results are in the fields of economics and management,few pay attention to the issue of salary distribution from the perspective of law,and even less to the issue of fair wage distribution.In the context of China's practice of sharing the achievements of social development,the research in this area needs to be further expanded and deepened.To realize the fair distribution of laborer's salary,we need not only the support of economic policy,but also the guarantee of legal system.Only by using legal means to safeguard the rights and interests of laborers,can we fundamentally ensure the stability and continuity of the fair distribution of remuneration.Third,it is necessary to integrate the people-centered development concept with Xi Jinping's thought on Socialism with Chinese characteristics,and to put forward principles and methods to solve the problem of fair distribution of laborer's salary under the market economy system.This has not only the theoretical value of perfecting the distributive justice in the new period of our country,but also the practical significance of breaking the contemporary labor-capital contradiction.The construction of salary distribution system with Chinese characteristics can effectively safeguard the immediate rights and interests of the majority of laborers,especially the bottom-class laborers,ensure the steady and rapid development of the overall economy,and promote social harmony and stability.This paper uses the methods of literature research,value analysis and so on to construct the research frame system of the issue of the distribution of the laborer's salary and its justice from the perspective of jurisprudence.The theoretical basis of fair salary distribution is supported by the philosophical dimension which is composed of distributive justice and corrective justice,and the legal dimension which is composed of the principle of protecting human rights and the principle of inclining to protect laborers.The four aspects: the people-oriented response,the reinforcement of the deserved,the consideration of the principle of difference and the requirement of deepening the reform embody the necessity of realizing the fair law of salary distribution.Based on the principle of critical inheritance,this paper summarizes the evolution of Chinese traditional distributive justice,and provides historical and cultural experience for the realization of contemporary Chinese distributive justice.From the perspective of fair salary distribution,the evaluation criteria in economics are mainly keeny coefficient and factor price,and the evaluation criteria in jurisprudence are composed of "three degrees",that is,the realization degree of the workers' compensation claim,the realization degree of the equal pay and the realization degree of the collective bargaining of the laborers' compensation.Through the above criteria,we can basically judge whether the salary distribution of laborers in a certain country is fair or tends to be fair in a certain period of time.Through the vertical comparison,the paper summarizes the mode of realizing the fair distribution of salary and its enlightenment.Also this paper analyse and evaluate of the world's typical model of salary distribution,that is,sweden,which adopts a variety of policy measures and controls the income gap,the United States,which regulates distribution with a sound tax system and social security system,and Brazil,which is dominated by public power and upholds fair distribution,the three different models can provide some experience and reference for the way of wage distribution in China.On the basis of the above research,in order to realize the fair distribution of salary,it is necessary to perfect and optimize the system which consists of power guarantee mechanism,right realization mechanism and social support mechanism to guarantee the fair distribution of salary.First,the mechanism to safeguard power.By analyzing the principles and structure of power allocation,the factors affecting the operation of rights,and the difficulties in the process of power operation,this paper sums up the current situation of power allocation in China,on this basis,this paper puts forward the state responsibility in the realization of fair salary distribution,that is,the molding of judicial justice,the perfection of salary distribution system and the rational allocation of public resources.Based on the changes and difficulties brought by the new coronavirus,this paper tries to put forward a new request for the exercise of power in the salary distribution under the epidemic situation.Second,the right realization mechanism.Based on the people-oriented idea and the labor-capital win-win idea,this paper constructs the right view to realize the fair distribution of laborer's salary.With the right of collective decision,the right of equal pay for equal work and the right of claim for labor's salary as the content,it constitutes the realization mechanism of the fair distribution of labor's salary.Although the operation mechanism and safeguard measures of these three rights are different,each has its own emphasis and multi-effect to promote the realization of fair salary distribution.The trade union and the laborers' congress are the two most important social organizations in the labor law system of our country.The strengthening of the protection of trade union representation and the means of safeguarding their rights,as well as the strengthening of the decision-making power and the right of supervision and recommendation of the laborers' congress,are the outstanding problems faced by these two social organizations in carrying out their duties effectively and giving full play to their protection functions,it is also the key to perfect the socialized supporting mechanism of the fair distribution of labor's salary.