Research On Collective Bargaining System In The Process Of Building Up The Harmonious Society

Collective bargaining system is important mechanism for forming the harmonious labor relations which are important foundation for building up a harmonious society. Therefore, perfecting the collective bargaining system not only plays an important role for regulating labor relations, but also has a great significance for building up a socialist harmonious society. The writer started this thesis with the collective bargaining system's role in regulating labor relations and always kept on researching in the background of building up a socialist harmonious society. The main purpose is to bring forward legislative idea and system design for improving our collective bargaining system based on comparative analysis of this system between major western countries and China.The thesis includes four parts:The first part is "theoretical foundation" : the basic theory of the collective bargaining and the harmonious society. This part focuses on the collective bargaining's effect to harmonious labor relations and further significance to the harmonious society. First of all, the basic content, principles and some correlative concepts of the collective bargaining system are introduced; then the core role played by the collective bargaining system in the coordination mechanisms of the harmonious labor relations is demonstrated; it further points out that the formation of harmonious labor relations is a necessary element of building up the harmonious society, an inevitable requirement to implement the scientific concept of development, and one of the goals of the democratic and legal system. Thereby, the thesis indirectly highlights that the improvement of the collective bargaining system has a profound significance of speeding up the process of building up the socialist harmonious society.The second part is "foreign experience" : the comparison of foreign collective bargaining systems and its enlightenment. The main content of this part includes: the background and history of foreign collective bargaining system's development; the protective rules about collective bargaining included in the main conventions of the United Nations' human rights and the conventions of ILO; comparative analysis of collective bargaining system in the United States, Germany, Japan and the enlightenment on collective bargaining system.The third part is "domestic problems" : investigation and analysis of China's collective bargaining system. Collective contract system in our country has a long history, but there exist many problems with the collective bargaining system. For example, the subject is not clear, labor union's power is weak, the legislation of collective bargaining is not feasible enough, and there is nearly no rule to protect the right for strike. All this problems are disadvantageous to the protection of labor's right for collective bargaining. We must face and solve them in order to further improve the collective bargaining system in the process of building up the harmonious society.The fourth part is "system establishment": personal idea of improving the collective bargaining system in the process of building up the harmonious society. Firstly, it should be made clear that the goal of promoting the collective bargaining system is to form a new three-dimensional adjustment mechanism of labor relations. Secondly, model of adjusting labor relations must be based on Chinese conditions. At the same time, the "Collective Contract Law" should be enact as soon as possible to restrict "unfair labor practice", to improve the disposure systems of collective disputation and regulate the role of the government. In a word, the aim is to perfect our collective bargaining system and make it function more smoothly and effectively.