Considerations On The Countermeasures For The Labour Union To Maintain The Legal Rights In The Chinese Transition Period

Since the reform and opening up, China has undergone great changes in labor relations along with China's economic and political system reforms during the process of building socialism with Chinese characteristics. With the addition of labor disputes, the increase of income gap and the prominent contradictions of social interests, serious violations of the legitimate rights and interests of workers often occurs, such as "death from overwork" and "dust lung". So the trade unions, whose basic duty is to protect employee's legitimate rights and interests, are facing grand challenge and questioning.In this context, labor unions are required to fulfill its duties of protecting rights and exert its function on behalf of laborers interests. However, in fact, the labor unions as a voluntary association of mass and a representative of employee's interests are inadequate in rights protection mechanisms. And its function can not obviously take effect when it carries out duties. Therefore, in the current new labor relations, the ways to make the trade unions play a greater function in protecting rights and relieving labor-management conflict becomes a premise of building harmonious society and development of economy, as well as an outstanding problem should be resolved by every trade unionists.In this paper, guided by Chinese socialist concept of maintaining the legal rights combined with sociology, the Science of Labor Legislation and social politics, the author, through the way of systematic analysis, first elaborated the contents and approaches of labor union and maintenance of the legal rights, clarifying the fact that to maintain the legal rights of workers and staff is the foundation for the existence and development of labor union; second, the author described the situation of our maintenance of the legal rights and objectively analyzed the underlying reasons; and the last in order to found a sound labor union to enlarge the channel for it involved in public policies, improve cadres abilities, explore socialized layout for foundation of the maintenance of legal rights and stiffen its function, the author put forward the effective ways to solve the difficulties on the way to maintenance of the legal rights and tried to make the labor union exert its rights to maintain workers rights...