Research On Perfecting The Enforcement Machinery Of Labor Law In China

This dissertation is mainly about perfecting the enforcement machinery of labor law in China. Using the methods of comparative law, the legislation, the history, the theoretical and practical analysis, the dissertation does the systematic and thorough research on how to perfect the enforcement machinery of labor law in China, does the analysis mainly on the following four outstanding aspects: labor standards, industrial relationship, ways to solve labor disputes, supervision system and related reliability system, and finally puts forward the proposals to perfect the enforcement machinery by borrowing the good experiences of foreign countries.This dissertation is composed of three parts.The first part evaluates the contribution that the enforcement of labor law has made, analyzes the existing problems of the enforcement, and the historical reasons, the reasons on the current systems and the conception of labor law.The second part introduces the advanced experiences of the foreign countries and evaluates their virtues from the four aspects respectively.The third part puts forward the author's proposals on legislation by basing on the reality in China, borrowing the better experiences of foreign countries, putting the theory into practice and borrowing the good experiences of local administrative areas. The new points the author thinks are as followed: in the first place, with the help of the Game Theory, the necessity of the balance machinery has been argued, so do the reorientation of the identity of the trade union, and the economic strike, and most important of all, the necessity to build the cooperation-type balance machinery instead of the confrontation-type balance machinery by viewing the tradition of Chinese culture; secondly, the author argues the necessity to legislate the cultivation machinery of labor law conception.