Perfection The Labor Inspection System Study In Our Country

The article first analyzes the problems of labor inspection in China. The problems relate to the institutional system; aspects. In institutional aspect, including localization of the monitoring body set up; the scope of monitoring and arbitration has a overlap; the supervision law enforcement has ambiguities. In supervision aspect, including trade unions did not play its due role; monitoring body lack of the enforcement of rights; the quality is not high on the employers led to poor supervision. In prevention aspect, including employers neglect of safety precautions; employee security awareness is not high and the monitoring body of the employing unit's control not in place. In accountability aspect, including the inadequate accountability procedures; penalties on the employer's responsibility to monitor the severity of imbalance as well as the responsibility of institutions and their staff is too general.The article then analyzes the reasons for these problems. In institutional aspect, monitoring body subject to the local government lead to its ineffective monitoring; different conflict of laws and regulations applicable to the scope of monitoring and arbitration of coincidence; legislation there is inadequate lead to ambiguities in the law enforcement period. In supervision aspect, supervision of the union's funding problems, insufficient number of staff, a strong result in its oversight politically weak; the lack of enforcement of the right because of legal construction lag; the lack of high-educated people lead to the professional quality is not high. In prevention aspect, prevention of institutionalization has not formed; staff training heavy production skills, ignorance of safety skills; In accountability aspect, defects in the legislation already enacted laws and regulations lead to no longer meet the current complex situation of economic development, need to be improved.The article finally proposed the suggestion of perfect the labor inspection. In institutional aspect, reference to the Japanese model of labor inspection agency set up to establish the monitoring agency directly under the central leadership; correct distinction between labor arbitration and labor inspection; improve the enforcement period. In supervision aspect, should give full play to the supervisory functions of trade unions; granting the agency right to enforce and strengthen self-construction monitoring staff. In prevention aspect, monitoring the implementation of classification of the employer; the institutionalization of employee safety training; inspection agency should form prevention of institutionalization. In accountability aspect, the accountability process specific; increase in criminal of labor rights protections; correctly identified to monitor the institutions and their staff.The main conclusions of view of this text is:The first is by way of investigate inspection agency of Japan, creative proposed to establish a inspection agency under the Human Resources and Social Security, consociate perform the right of labor inspection, to change the unfavorable situation of the labor inspection agency by the local government intervention, so that the inspection agency can independent perform the inspection right. The second is proposed amendments to "Criminal law", additional the criminal charge in short of wage, investigate the criminal responsibility of those malicious wages.