Research On The Relief Of Labor Protection Rights Under The Leading Of Chinese Government

With the development and improvement of the social economy, labor relationship has a tendency toward complication and diversity under the influence of diversification of social economy composition, organization, interest relationship and allocation approach, etc. The"Foxconn"event not only discloses the negative impact due to the intense labor-capital relationship, but also brings the whole society to think about the meaning of"decent job"as well. The right of labor protection is assumed to be the primary right and interests the laborers shall enjoy during work process, which is concerning individual dignity to some extent. In China, when a worker's right of labor protection is infringed, he/she will turn to the government first, who is willing to play the role of"taking responsibilities for the people". This causes the laborer's over-reliance and over-expectation on the government's public power and reduces the development room for other remedy approaches such as private remedy right.This article is composed of five parts. Based on the current legal practice and through the analysis of and comparison of legislation process between the labor security supervision and labor arbitration system, which both are public remedy power under the guidance of the government to protect the workers'labor protection rights, the author tries to seek the social and legal reason that cause the conflict of relief system. The author then through the analysis of foreign relevant system, seeks what shall be improved in the current remedy system for labor protection rights and provides some ideas and suggestions on how to perfect labor security supervision and labor arbitration system, exert positive effect of private remedy right and social remedy, allocate the resource of public remedy power in a reasonable way.