On The Legislative Decision Under Pressure

The introduction of the "Labor Contract Law" is to solve the short-term laborcontracts and protect the legitimate rights and interests of workers, but setting therelevant provisions of the Act, in particular the non-fixed term labor contract systemled to massive layoffs, a variety of "discouraging " incident also intensified, not onlyfailed to effectively protect the legitimate rights and interests of workers, but led to alarge number of enterprises avoidance behavior, leading to workers and employers"lose-lose " situation occurs. In order to better protect the legitimate rights andinterests of workers, the tilt of the legislative decision-makers through aconfiguration designed for the rights of workers with no fixed term labor contractsystem, but the fact that the system does not produce the expected legislation toprotect workers’ legitimate rights and interests of policy-makers effect, but makes theinterests of workers suffer greater damage. We must ask: no fixed term labor contractsystem design is flawed? If the defects of its own, then the result is whatcircumstances? Legislative decision-making process, the specific circumstancesfaced by the legislative decision-makers gave them what kind of pressure, thepressure in these decisions is how to start that led to the emergence of thiscontroversial system? If you want to output a reasonable and effective legal products,legislative and policy-makers should be how to deal with these pressures? In thispaper, based on " questions-analyze the reasons-to solve the problem," the researchideas, take a more empirical research on the analysis of the problem. In this paper, inaddition to the introduction and epilogue, including a total of four parts.The first part, through the study of the "Labor Contract Law" Background, wecan see that with the rapid development of China’s economy, the emergence of newways of employment, employment forms on our labor market, labor relationsbecome more complex." Labor Law " in the face of these new problems, can noteffectively protect the legitimate rights and interests of workers, serious short-termlabor contracts, developed legislate policy makers " Labor Contract Law ", in whichthe design of the non-fixed term labor contract system, tilt on labor rights protection.While the whole legislative decision-making process to the media, we can figure itrelated to social issues through reports, to use their own narrative style shaping publicawareness, influence decision-makers access to information legislation. Faced with new social situations, when the legislative decision makers are bound to need to getnew information, complicated labor relations also lead to complications relatedinformation, which to some extent also to put pressure on the legislativedecision-makers.The second part analyzes the specific legislation which policymakers willencounter stress, and how these pressures applied to the legislative decision-makersbody. Difficult to obtain objective information on legislation, coupled with thelimited capacity of the legislative decision-makers the information broughtinformation constraint pressure; media selective information transfer and distortion inthe information transfer process has brought media discourse pressure; interestgroups through impact of legislative decision-makers, especially the emergence ofpowerful interest groups are also putting pressure on policy makers to legislate.The third part to the "Labor Contract Law " for example, detailed analysis oflegislative decision-making under pressure is how expanded. Through analysis wecan see, due to various pressures, leading to the legislative body in the game can notmake the game effectively under the balance of power, the legislativedecision-makers under the influence of pressure on the legislative decisions of thesimplification process of taking the right tilt configuration steps, which have led tounreasonable, unfair legal system.The fourth part, in order to solve the above problem, the author proposes acost-benefit analysis of the legislative programs and legislative decision-makers toimprove the way information capacity legislation. I believe that the only basis forpossible legislative solutions in a cost-benefit analysis, in order to make choices tomaximize social benefits; through improved information capabilities legislativepolicy makers, decision makers can make legislation effective legislation to obtainsufficient information, develop a scientific, rational and efficient legal system.