On The Study Of China's Labor Law And Its Countermeasures On WTO Labor Standards Issues

In recent years, some developed countries, such as the United States, etc. have repeatedly put forward at the WTO conference that the "Social Clause" should be included in the WTO agreement, in the purpose of mandatory pushing "Core Labor Standards" by the way of trade sanction. The action to link trade and labor standards together is actually trade protection in disguised form, whose essence is to intervene other country's internal affairs and weaken the advantage of developing countries compared with the developed countries in international trade - the advantage of comparatively lower cost of labor force. In this way the developed countries want to contain the development of developing countries. Undoubtedly, the developing countries intensely contradict and oppose this action. But the developed countries have never giving up their effort to link labor standards and trade together, which result in hot, complicated and difficult issues in WTO negotiations. China, one of the biggest developing countries and a membership of the WTO as well, play an increasing important role in the international business. Together with other developing countries, China explicitly reject to receiving labor standards as another theme of trade negotiation. Nevertheless, the strong powers generally monopolize the formulation of "the rules of the game". No one can prevent the trend of business globalization. Under this circumstance, we have to calm down after the heated argument and attentively ponder our domestic labor standards and labor legislation, and then try to find out a strategy to cope with the challenge. Compared with the "Core Labor Standards" laid down by the International Labor Organization, the current labor legal system in our country still have a wide gulf in the following aspects, that is, the freedom of association, the right of collective bargaining, the equal right of employment, abolition of forced labor and prohibition of child labor, etc. Facing the above problems, I suggest in this thesis that our government should take positive and direct attitude, striving for the right for discussing WTO labor standards issues and the right for participating in drawing up the regulations; that according to the international and domestic need, much more international labor convention should be ratified; that our government should accelerate the course of domestic labor legislation, perfect the corresponding standard labor law, advance the level of labor legislation; amplify the implement mechanism of labor laws and regulations, and enhance the efficiency and authority of labor law enforcement. Through the series of reform, our country will try to adjust to meet the challenge that occurred after China entered WTO; to protect and state and national interests and genuinely improve the working classes' conditions of production, living and development; to guarantee their various basic rights and interests and achieve the target of social harmony. In this thesis, on the basis of introduction, analysis and some immature advice on WTO labor standards issues, I attempt to draw the attention of legal world, with the hope that the legal world would explore the issues and offer some valuable opinions.