The Status Quo, Problems And Countermeasures Of Administrative Power 's Intervention In The Adjustment Of Labor And Social Security Relations

In recent years, the number of labor security conflicts in China has increased rapidly. Correspondingly, the government departments of law enforcement is limited. With limited power, the government is unable to cope with the labor security relations in all conflicts. This is the main problem in the current labor security dispute resolution and administrative law enforcement.This paper refers to the theory of service oriented government. First of all, the service government must be limited. The main criterion is that the public interest is the goal of the new public management.In this paper, the relationship between labor security and public interest is the important standard to determine the extent of administrative power. For the labor security relationship, such as social insurance relationship, the administrative power should be fully involved to ensure its operation. For the labor security relationship which is not related to the public interest, such as the right to employment, the administrative power should be completely not involved, but by the market itself. For labor security relations, such as the labor contract relationship, the administrative power can be part of the intervention, focusing on the relevant parts of the public interest to adjust.To determine the limits of administrative power intervention in labor security relationship, its purpose is to allocate the administrative resources reasonably. The limited administrative law enforcement power should be applied to the labor security relationship which is most close to public interests.That could achieve the best effect. The rest of the labor security relationship, which is not so close to public interests, should be adjusted through the judicial relief, equal consultation and other ways.