Research On Institutional Change And Implementation Barriers Of "Labor Contract Law"

Since the reform and openning up policy three decades ago, China's comprehensive national strength and international competitiveness has been substantially improved. However, a great number of laborers are unable to share the fruits of economic development. There are still many disharmonious elements in China's labor relations. Labor rights are frequently violated, and the number of labor disputes is increasing year by year. How to build harmonious labor relationship? It will be a significant question in the process of building harmonious society. In the context of building harmonious society, we should always adhere to the "people-oriented" development philosophy, and focus on the protection of labor rights.China's Labor contract system has been established with the implementation of "labor Law". "Labor Contract Law" was implemented in Janury 1,2008, which will help to further improve China's labor contract institution. The "Labor Contract Law" made a lot of new provisions compared with the "Labor Contract Law" However, the "Labor Contract Law" has also encountered many obstacles in the implementation process. In order to promote the implementation of "Labor Contract Law", we have to improve the related institutions of labor market,and eradicate the institutional barriers of the implementation of the "Labor Contract Law"This paper is divided into seven parts. The first chapter briefly introduces the research background and significance, research methods and theoretical basis, and research innovations and shortcomings. Chapter 2 reviews the relative literature. Chapter 3 describes the theory relatated to the study, including the theory of vulnerable groups protection, the theory of harmonious labor relations, the theory of labor relations of the orthodox pluralism school, the theory of incomplete contract, and the theory of institutional change. Chapter 4 analyses institutional context of the implemention of the "Labor Contract Law", in terms of the labor relations status and labor contract institution flaws. Chapter 5 analyses institutional change resulted from the "Labor Contract Law". Chapter 6 analyses institutional barriers of the implemention of the "Labor Contract Law", in terms of trade union institution and social security institution. Chapter 7 provides the short-term and long-term suggestions, based on previous analysis.This paper draws on research findings of certain regions and selects three representative cases to analyse the effect of "Labor Contract Law"; uses game theory methods and ideas and learns from relevant experiences in other countries to analyse institutional barriers of "Labor Contract Law". Based on the research aboved,This article concludes, defects of the trade union institution and the social security institution hamper implementation of "Labor Contract Law", such as unreasonable payment institution of trade union, "transfer"and "continue"institution of social insurance, and inadequate institution of collective bargaining. To promote implementation of "Labor Contract Law" and build harmonious labor relationship, labor inspection should be strengthened,trade union institution should be reinforced, social security institution should be improved, and so forth.