Research On The Conclusion System Of Collective Contract

Since reforming and opening, our country experienced reform, structural adjustment and other historic reform transition period, along with the constant development of the socialist market economy, the market-based labor relation has been formed basically, and is gradually occupy a dominant position. Accordingly, socialist labor legal system of our country also will develop and build. However, as China's economic system reform continued to deepen, the security of the rights and interests of workers also begins protruding to show, labor-capital relations disequilibrium is the stage of labor relations in the field of basic characteristics. In response to this, our country,in the labor law, follow the advanced experience of foreign countries, the establishment of a collective contract system, nearly twenty coming for years, our country has been firmly promoted the collective contract system, the collective contract system under the condition of market economy, the coordination of labor relations is the important mechanism can play a more big effect, and can promote the labor both sides of peaceful cooperation, mutual benefit and win-win, the autonomy and national strong guidance, realize labor relations coordination, the promotion of social harmony and stability.And to better the development of harmonious labor relations, to better protecting the legitimate rights and interests of workers, collective contract system establishment and the consummation is one of the indispensable important content. The reform and opening up twenty years ago, people pay close attention to the individual labor relations, academic groups also pay more attention to individual worker and employer relationship problems, and to protect the range is wide, involve wide collective labor relations research are few and far between. Along with our country puts forward to "ruling the country by law, building a socialist country ruled by law", "the formation of the socialist legal system with Chinese characteristics" as a basic national policy, coming nearly ten years, the theory circle of our country for the collective contract systems, especially the collective contract systems, deepen the research showing the full features. As a result of the collective contract theory exploration and research are not a very long time, resulting in practicing, to fully adapt to the market of labor relations in the collective contract system is not perfect, cannot form a complete set of collective contract system operational mechanism, and establish the system of comprehensive, clearly, the collective contract system is to improve my in the socialist market economy. Therefore, to strengthen the collective contract system theory research, the practical operation for the collective contract is a very important role.Collective contract system is in the market economy labor relations contradiction in development, it is a kind of maintenance mechanism, namely the maintenance workers'legitimate rights and interests of labor; it is a kind of enterprise system, i.e., its establishment is conducive to the stability of the enterprise labor relations, to promote the social and economic development and operation, collective contract system as a collective contract system is important in the beginning process has very important practical value.The generalized from the contract perspective, any contract, has concluded, alteration, discharge, lifting and the termination of the procedure, this article through the collective contract this one angle to study. The first chapter is the collective contract system overview of the theoretical part, mainly elaborated collective contract concept and type, contrast the collective contract and labor contract difference. Especially through the methods of comparative analysis, creatively put forward the concept of collective contract system and value, through the jurisprudence related content demonstrated the concept of collective contract system the main legal basis. The second chapter is the main body of collective contract, firstly by comparing the methods put forward to the concept of the subject of collective contract, and creatively to the concept of the subject of collective contract makes a legal analysis. The collective contract subjecting to the nature of the problem, put forward to showing levels to three academic theories, and has carried on the thorough analysis, I think, "the union theory" is suitable for our collective contract system theory. Secondly, in recent years, the" collective contract to three party coordination mechanism" system are analyzed and puts forward the improving strategies. The third chapter is the collective contract in terms of research, from theoretic saying, the collective contract and collective contract system components, therefore, the author through the foreign developed countries and our countries historical development, studying reference, proposed suits our country collective contract terms divided the contents, and put forward to perfect our country collective contract and labor contract coordination countermeasures. The fourth chapter is the conclusion of the collective contract procedures of foreign developed country, the collective contract program research, put forward our country collective contract procedures of lessons, creativity ground put forward our country collective contract procedure is proposed and the sound of our collective contract procedure mechanism countermeasure.