On The Conflict Of WTO Labour Standards And Reform Of Chinese Labour Legal System

On the background of the conflict of labour standards between developing and developed countries in GATT/WTO history, the thesis expounds the meaning, contents and legal souses of WTO labour standards, advances the viewpoint that it is reasonable to link labour standards with international trade. On the basis of that, the thesis analyses the differences between Chinese labour standards and WTO labour standards, points out the imperfections of Chinese labour legal system. In accordance with the freedom of association and rights of collective bargaining, the thesis gives the proposals of reforming the founding procedure and lead system of Labour Union, instituting Strike Law, perfecting the legal framework of collective bargaining, and adjusting the Labour Union system to collective bargaining. In accordance with forced or compulsory labour, the thesis gives the proposals of adding the provision "Prison product export is forbidden" in Foreign Trade Law, abolishing prison enterprise practice and the rule of reform through labour.In accordance with employment discrimination, the thesis gives the proposals of revising Constitution to add the principle of employment equality, revising Labour Law to widen the scope of employment discrimination, and instituting Law Against Employment Discrimination to establish a perfect legal framework for employment equality. In accordance with the protection of child labour, the thesis gives the proposals of revising the exception clause in Labour Law and striking heavily the delict of employing children.