A Study On The Legislation Of Labor Supervision In China

Labor inspection is a state function, labor inspection right is administrative power intervention of labor relations. It palys apositive role in the protection of laborer and unit of choose and employ persons for the supervision.The labor security supervision regulations has played a positive role in perfect our country labor security supervision system and strengthen labor supervisionsince 2004. However, labor disputes frequently occurred, the occupational disease has attracted more and more concerned. The role of labor inspection system of dispute resolution in the whole labor dispute is in a slightly insufficient. Whatever in law enforcement or authority in the society, it can’t compared with the labor arbitration and labor lawsuit.The implementation of the right of labor inspection, a large part of the reason need comes down to legislative issues. Long-term since, our country’s legislation of labor inspection system is not perfect, as a core part of the labor inspection legal regulations on the labor security supervision level is low, the protection of special occupations is lack. It’s a challenge to our legislation work. Especially in social transformation period, we must think about how to balance the interests of different part. Legislative optimization cannot leave the labor inspection authority by the roots, the author hopes to do systemic analysis to the theory of the right of labor inspection. We have four chapters in this paper.Part 1:To discuss the mean of Labor inspection rights basic on reservations. It actually comes from the people and the pursuit of the rule of law, human rights spirit in the social management needs through public power subject to balance the regulation of labor relations, so as to maintain the stability of the social order. With the transformation of political and economic system, the rising of status of workers, administrative power for its protection are increasing. comparison of domestic and foreign legislation.Part 2:To analyze the concrete content and shortage of labor inspection legislation in our country, For example, as the object of right of labor inspection points to fuzzy, the right of labor inspection highly depend on administrative region. In addition, the right of labor inspection body internal organization construction lag, in the actual operation situation such as the alienation of labor inspection right is very serious.Part 3:To be Compared with USA Japan and other countries, meanwhile based on China’s basic national conditions, further improvement Suggestions. Such as by increasing the content of the right of labor inspection, strengthen in the implementation of the relevant subsidiary legislation, as well as to the labor inspection authority to supervise, to implement labor inspection rights run into tangible results.