A Legal Study On The Structure Of Collective Bargaining In China

The labor relation’s orderly operation is the foundation of social stability and economic growth, however, our country’s labor relationship has a series of problems in recent years, especially in the field of collective labor relations, The number of collective labor dispute is staying at a high level, the strike, the collective meditation and blocking traffic events have occurred from time to time, which affected the social stability seriously. But the current way is not enough to dissolve the social collective labor dispute, therefore, our country should establish collective bargaining system, to solve the collective labor dispute and adapt to the changing of labor relations. As for the construction of collective bargaining system, we should first focus on the structure of the collective bargaining, it has a huge impact on the subject of collective bargaining, the content of collective bargaining and the relief of collective bargaining. So this article researched on how to set up different levels of collective bargaining in China form the view of the structure of the collective bargaining.The first part of the paper elaborated the topic selection background and the research question of this article, it showed the present situation of our collective labor dispute, and it studied that the frequently occurring of collective labor dispute has negative influence on building stable labor relations and harmonious society in our country. Then, this part expounded what will be research question in this article. Secondly, after referring to the relevant literature and information, the author combed the past research achievements of collective bargaining system and collective bargaining structure, expounded the academic research status of the above two questions. At last, the author illustrated the innovation and deficiency of this article in this part, and expounded the research ideas and research methods.The second part of the thesis studied the relevant theories of collective bargaining, it laid the foundation of exploring the structure of collective bargaining in our country. The author illustrated the connotation and theoretical basis of collective bargaining, studied the differences and relations of collective bargaining system, collective consultation and collective contract, illustrated the necessity of constructing the collective bargaining system in our country.The third part of the paper studies the structure of collective bargaining, this part firstly illustrates the connotation and manifestation of the collective bargaining structure, then this part studied the related problems of the collective bargaining structure in some countries, it expounded the Germany, Japan, Sweden and America’s collective bargaining structure, summarized the content which is worth to reference. Finally, the author studied the similar system in our country, illustrate the irrationality of the existing structure.The fourth part of the paper studied the problems and obstacles in the process of building diversified structure of collective bargaining in our country. In this part, the author first pointed out that, the block of establishing collective bargaining is mainly concentrated on the unequipped of subject, moreover, in order to solve the obstruction of building diversified structure of collective bargaining, it also studied the present situation and existing problems about collective bargaining subject system in national, industrial, regional and enterprise level in our country, it illustrated that we should improve the system of collective bargaining subject according to the characteristics of different collective bargaining level.The fifth part of the thesis studied the related problems of building diversified collective bargaining structure in our country. First of all, the author illustrates that our country should build four class collective bargaining level, elaborated the main task and direction of the collective bargaining level. Then, the author analysed the reasons of building diversified collective bargaining structure in our country, pointed out that this kind of structure is conform to the legal system advancement. At last, the author elaborated how to build diversified system of collective bargaining under the existing system.