Reconstruction And Reflection Of Labor Relations Of Subject System In China

At present with the subject of labor relations develops and changes, the subject of labor relation's identity theory can not better adapt to the market development, at the same time, law and regulations defines the subject of labor relations are very fuzzy, which cause that dispute and difficulty in the process of the labor law applies. Therefore, reselecting a reasonable labor relations theory and reconstructing the specific subject system of labor relations are very necessary.In china the main shortcomings existing in the subject system of labor relations are as following. Firstly, the standard defines of qualification between laborers and employers are too abstract. Secondly, subject of Labor relations determination standards is not rational. Mainly displays in the provisions of laborer age and range of employer subjects. Thirdly, between the laborers and employers are short of the interest balance mechanism. Because conflicts of interest exist between laborers and employers, and with china trade unions and the Government fail to play the role of regulation effects, leading to a conflict of interest in alleviating both the lack of checks and balances the interests of coordination.Take above shortcomings in consideration. According to private law theory for laborers'behavior recognized standards and social law theory to divide the weak worker and a strong standards, our labor relationships need combine with the strength of this situation, reference the foreign advanced practice. At the first, the legislation should improve the distinction standards between labor relations and labor service relations. Primarily by whether both sides have affiliate relations, laborers treatment as well as power range which employer subject exercises to laborers to carry out perfect. Secondly, the legislation should improve the cognizance standard of both the employee and employer subjects. To improve the cognizance standard between the labor relations subject, as the part of the employees, the age standard has been extended, the complex cognizance standard which focused on the labor subordination and the special protection has been made by combining the concerned theories and practices. Thus, the new qualification cognizance standard of the laborer subject is made. For the cognizance standard of the employers, the improvement should be carried out by the social class, income condition and the employing ability, combining with the practices, and the self-owned conditions, such as the property, technique and organizing condition. Thus, the cognizance standard of the employer subject has been completed. Thirdly, based on the identification of the main principles of labor relations standards, some special classes of Labor Relations are analyzed, and nature of its subject are cleared. Finally, the legislation should improve the checks and balances between the labor relations subjects, in particular to strengthen the Government's ability to regulate labor relations and the role of trade unions in order to protect the stability of labor relations.