| Since the beginning of the Late Qing Dynasty, China suffered a great change which was not encountered in a thousand years. Especially in the Republican period, the war continued, the collision of Chinese and Western society experienced a big transition period. In the face of modern international and domestic complex and unpredictable situation, the National Government of the Republic of China pioneered the political system, social system, legal system etc, in the history of China, in order to resolve all the thorny problems in transforming society, labor law is part of the legal system. In the face of continuous development and expansion of the labor force, increasingly intense labor struggle, aiming to ease the labor- management conflicts, the National Government had developed a large number of labor legislation, such as the "Factories Act", " Execute Regulations of Factories Act", "Factory Inspection Law", " Labor Union Act ", " Collective Agreement Act ", preliminarily constructed the National Government's labor law. Factory inspection law, as an important component of labor legislation, accompanied with the continuous enactment of labor legislation and development, have gradually developed and perfected in the Republican period.The National government heavily involved in the formulation and promulgation of factory inspection legislation, such as "Factory Inspection Law", "Ministry of Industry Factory Inspection Committee Charter", "Department of Social Services notified the factory inspectors", and so on. It is the first time in modern Chinese history to develop and enactment of the legislation on the factory inspection. Not only established a relatively complete legal system in the legislative level, the legislation also reached the world advanced level. Besides, articles of those legislation which mostly learnt from the advanced industrialized countries, reflected the legislative intent of protecting the laborers. In addition to continually build and improve the factory inspection law's legislative level, the National Government also made his best efforts in the implementation area. On the one hand supporting the development of factory inspection laws and regulations related to implementation, such as "The Ministry of Industry Factory Inspection Committee Charter", "Articles of Association of the Central Plant Inspection Service", "Rules of Training Factory Inspectors" and so on. Another aspect of positive selection, the National Government trained the factory inspectors, dispatched around the factory inspection services. Of course, the contents of the legislation and the practice were disjointed, the effect was weak and limited in the influence of the war and other factors.Over the years, there are two extreme views on how to evaluate the labor legislation in the Republic of China, an over-emphasis on legislation embodied in these advanced concepts, while another view emphasizes on the truly reality that the law didn't fully implemented. I check on data collection, collation and analysis of the legal system of factory inspection in Republican period, and adopt an objective and fair attitude to understand and evaluate the factory inspection law. Undeniably, in the Republic of China, the achievements of factory inspection legislation were great, and its legal implementation of the factory inspection efforts and achievements are worthy of recognition. Learning from history, we know the advantages and disadvantages. National Government carried out in the inspections of factory building and implemented numerous legislative attempts, and left us a lot of valuable experience and lessons. The experience and lessons are very important to today's labor inspection system, and provide reference, reflection for many questions, such as how to improve labor inspection legislation, how to improve the quality of labor inspectors, how to promote the implementation of labor laws, how to protect the rights and interests of labors. Perhaps this is the most value and significance of this article. |
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