| With the rapid development of science and technology, and as the main force of the economic operation, the laborers gradually develop social groups for independence, and increasingly the focus of the society. Based on the needs of employee benefits maintenance, China has issued a legal norm of including "labor law", "labor contract law, etc., and aiming to adjust the relationship between the regulators and the both sides of Labour. Its purpose is to guarantee the smooth realization of the rights and interests of every worker, and the system operation has received significant achievements, laborer work and life state gets a large degree of change. And meanwhile we needs clear is the emergence of, the law is often to cater to the needs of a typical interest relations or social reality, so it has certain hysteresis, and the maintenance of also only citizens and social moral can tolerate the minimum. The appears of the labor law is also based on the original intention toi avoid human rights becoming competitive victim under the economic development. So it become laborer survival and work the lowest level of security. But social progress and openning brings the emerging social relations are constantly emerging, implied complex conflicts of interest and different thoughts, all that decided the labor law may not on the every labor problens drised in the economic activity,and it also can't satisfy laborer increasingly rich and gradually improve the material needs, the spirit of the perfect related problems of labor law is imminent.The damaging of the lawful rights and. interests of employees is mostly because of the unequal staus between employees and employers in work process. Because of the unequal status in the information, financial aspects of power, and cannot be gap, so it is the key to balance equilibrium through the system and promot the construction of shall have equal status to solve real crux and labor law. Originated in western countries collective bargaining system that is successful practice to commit to change a disadvantageous position labourers, view the separation of labor laws and reality, largely cannot rationally adjust the labor relations, realize effective on the rights of the status quo, through the analysis of the advanced experience of foreign labor law, and combining with China's actual conditions research how to perfect the institutional framework and content of our country labor law, and establish corresponding legal operation system,. It have very important theoretical and realistic significance.A text is divided into four parts, includes the following content:The first part of collective bargaining system makes brief introduction, including the system concept and function, and emphatically to produce various theory to do a detailed analysis, further specify conflict the because of both sides of Labour in the fundamental interests and their unequal status, external intervention is the inevitable for laborer's rights. This is also the legitimate basis of establishing a collective bargaining system for labor relations.The second part of abroad through collective bargaining system development course and their respective characteristics are analyzed, and find out the hidden under different forms in general, help us system accurately grasping the essence of collective negotiation for our collective bargaining system, the foundation for constructing and perfecting of our collective bargaining system.The third part in clear executes the feasibility of collective bargaining system of our country under the premise of legal implementation, appeared in the process of malpractice and the system construction, this paper summarises and analyses the obstacles in alignment collective bargaining system problems.The fourth part combining foreign related advanced system and enforcement practices, find out the applicable collective bargaining system, make smooth labor rights protection channel, to better implement labor law philosophy, achieve the purpose of legislation labor. |
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