On The Boundary And Manner Of The Administrative Power Intervening In The Labor Relation

The China's labor relation is moving towards to the track of marketization and legalization in the market economy. At the same time, the current labor relation has to face the very prominent problems: the imbalance of power between employers and employees, which has formed the state of"strong capital, weak labor"; the prominent conflicts between employers and employees, the increasing number of labor dispute cases; the workers are in low-level protection in wages, working conditions, labor insurance, welfare benefits and other aspects. The Chinese government, whose role is changing from the direct participant to the economic macro-control in the economy, pays more attention to improving people's livelihood, and promotes fairness and justices. To solve the current problems of labor relation, labor law enforcement is an important aspect, and the administrative power intervening in the Labor Relation is necessary. The governments rely on legal means to guide and standardize the operation of labor relation. In order to protect the autonomy of labor relations space, the governments use the administrative power to intervene the labor relation and there must be some certain boundaries, which are the spheres which the administrative power can intervene in and the spheres which the administrative power cannot intervene in. Governments provide rules for the guidance of labor relation through the development of labor laws, regulations and policies; Governments can find and stop the violations, prevent the occurrence of labor disputes timely and effectively through the implementation of labor supervision; Governments play an indispensable role in solving the labor disputes, and the main ways of administrative power intervening in the labor disputes are the labor dispute mediation and arbitration, and it is a priority of improving the mediation system of labor administration and labor arbitration system.