Study On Labour Laws Of Nanjing Kuomintang Government From 1927 To 1936

In the course of law modernization in China, the labour law first appeared in Beijing National Government. The kuomintang made labour laws from its southern regime, the labour laws of NanJing Kuominting Government holds on important positions. After NanJing Kuomintang Government was founded, it's policy to the labour movement turned from encouraging, supporting, utilizing in the course of Great Revolution into controlling and pacifying in order to steady ruling order, and it advocated to coordinate labour and capital. In the ten years during 1927-1936, regarding social legislative thought of the Three People's Principles as guidelines, regarding coordinating labour and capital as the thread. It made "the Trade Union Law", "the Implementing Law of Trade Union", "Factory Law", "the Implementing Regulation of Factory Law", "the Law of Factory Examination", "the Law of Deal with Labour-capital Dispute", "Revised Factory Law", "Revised Implementing Regulation of Factory Law", "Revised Law of Dealing with Labour-capital Dispute", "the Law of Group Contact", "the Law of Labour Contact", "the Law of Minimum Wage", "The Mine Law", "the Regulation of Railway Servant", "the Law of Employee Introduce", "the Regulations of the Workers Going Abroad", "the Hired Contact Outline of Worker going abroad" ets, at the same time it participated in international labour's conference, and ratified many kinds of conventions passed by international labour's conference. These laws formed a complete system of labour law and made higher achievement. These laws safeguarded labour's interests, stabilized production order in a certern extent. Though the intention is very obvious to control the labour movement through labour law, some legal clauses can be used for us to refer today. Nan Jing Kuomintang government paraded to safeguard the benefits of labour and capital and put the laws above-mentioned into use, made these laws come into force in many respects, but generally speaking, the implementing effect is unsatisfactory: the protection of children labour and female workers were a great discount, factory facilities, the succours to the wound and disease, and the comfort and compensate to the death were less than satisfactory, the function of trade union was weakened, the checkingof domestic factory was obstracted because of sorts of reasons, the check rights of the factory in the concession had not been regained. It was related to turmoil of the political situation, various kinds of natural calamity, the existence of foreign concession, the invasion of Japan, and the disconnect between the law and actual condition. It is important to legislate regularly, but the more important thing is the implementation of the law.