The Legal Thinking Of Rights Protection Of Trade Union In China

It's one essential function of Chinese trade union to protect the lawful rights and interests of laborers, which have been clearly stated in the revised Trade Union Law. This provision, on one hand to follow the facts of market economy establishment and systematic reforming implementation deepened; on the other hand, it proves the essential caring for those disadvantaged group and essential maintenance of laborer's human rights from CPC and the state. The survival rights of laborers primarily consist of obtaining labor rewards and lives security & health guaranteeing, this has been the most essential human right. However, Trade Union Law has many discrepancies to market economy system in many aspects. While facing the fact of lawful rights and interests of laborers being infringed, the current status of rights protection of trade union seems not so perfect. Through the study of necessity and actuality of performing the functions of rights protection, this paper analyzed some reasons of actual weakness of rights protection of trade union, it shows that the trade unions in China has no organizational or economic independence, relative legal guaranteeing measures are insufficient, which formed many difficulties of rights protection of trade union. Therefore, the legislation of trade union should be further improved in China to establish the organizational and economic independence of trade union, and to reinforce its independent legal position; to establish additional collective bargaining system, organization strike system; to complete legal duty conditions, in this way to intensify the functions of rights protection of trade union and to provide effective protection of lawful rights and interests of laborers.