Study Of The Collective Contract Law Issues

Unity right, collective negotiation and collective action right are called " Labor Three Rights ", also " Labor Fundamental Rights " or" Collective Labor Rights ". It is a chief feature that" Collective Labor Rights " are the main content of modem labor law, and Collective Agreement (CA) is at the core of modem labor law too. From three aspects such as basic law theory, the procedure of concluding and changing or terminating dispute resolving system, the thesis try a theoretical analysis by comparison and history research means on CA, which is a hot and difficult problem nowadays.Part 1. This part focuses on the basic law theory of CA. Firstly; it explains the implication of CA through analyzing its conception and legal characteristics, classifying the conception and comparing it with other relative conceptions. So that the research object of the thesis has a clear scope. Secondly, this part makes a theoretical discussion on the content and the legal effect of C A, which embody mostly the specialties of it. Thirdly, the writer studies the historical development of CA in China and other countries. Finally, a discussion is made on the legitimation of carrying out CA system in China from such aspects as the laborers' rights protection, the relation coordination between the labor and the capital, the construction of modern enterprise system and conforming to the new development demand for the labor relation after China joined the WTO.Part 2. The part researches into the legal problems emerging from the process of concluding, changing and terminating a CA. The thesis summarizes the collective negotiation procedure in foreign countries and the collective consultation procedure in China, and makes a comparison between the above two procedure types. Then, the writer, directing against the problems in China CA concluding procedure, put forward his personal opinion. In the end of this part, there is a theoretical description of the conditions, procedures and legal effect of changing and terminating a CAPart 3. It is mainly about the dispute resolving system of CA The CA disputes are divided into two types mat are interests dispute and right dispute, In the first place, the part makes a summary account of the interests dispute resolving system at home and abroad, In the next place, the writer researches intothe strike and closing-factory, which are the most radical manifestitation of interests dispute. In the thesis, strike is only the laborer's strikes who demand the capital to improve their labor conditions, but not include political strike; revolution strike and religion strike so on. Finally, there is a study on the CA right dispute resolving system in different countries by comparison.