The Study On The Role Of Government In The Regulation Of Relations Between The Labor And The Capital

Under the market economy condition, the market is the basic means for social resource allocation. Labor relations field is not exclusive, capital and labor force resources allocation also rely mainly on the function of market mechanism. The theory of state intervention, modern government function theory and the theory of government intervention among labor relations laid a solid theoretical foundation. The theory of state intervention point out, the market for capital and labor resources allocation "failure" must rely on the government’s "the visible hand" correctly, it shows that the government intervention in the necessity of labor relations; Modern government function theory indicates that the modern government set political, economic, and social service function in itself, government intervention is the relationship between the government of their own functions to perform must; Among that theory, laborer is in the labor game process is weak, and to prevent the basic rights for workers are violated, the government must confess laborer to be "lay particular stress on" protection. Government intervention in labor relations, in both sides of Labor to go beyond the third party to balance the labor of identity not power to balance, not only can make both sides of Labor and fair game, realizing capital and labor elements of the organic combination, and to be able to reflect a country encourages labor, for labor basic social spirit, arouse the enthusiasm of the broad laborer, creative, the realization form justice and substantial justice of the organic unity, maintain social stability and unity of the situation.On the relationship between the legislation in our country, our country government labor relations in the role location experience from planned economy to the direct participants under the condition of market economy a third force process of change. A third force the role means our government is no longer the direct relationship between the participants, no longer direct management of the production of the enterprise and distribution activities, no longer a government undertake the labor obtain employment that integrates and distribution system. However, in our country labor relations in practice, the government in labor relations as a third force in the role of the phenomenon of dislocation and absence is very serious. In particular, the absence of the role of the government as follows:firstly, labor legislation not perfect. Contrasted with the labor legislation in western countries, China’s labor workers’ rights and protection legislation confirmation is still lacks; Second, the labor inspection effectively. Our country physical labor supervisory organs in the organization’s independence, staffing, monitoring means, supervisory dynamics problems; Finally, the lack of labor dispute resolution mechanism, the labor dispute cannot be solved effectively. The role of the government dislocation play as following:in the wrong achievement view, government favoritism management; Government control of trade unions, make be the government’s affiliated unions; The government alienated to profit main body, the pursuit of their own interests.Though Japan and the USA are capitalist countries, they both have complete industrial relations legislations. The industrial relations legislation showed that the relationship between the need to balance the involvement of government, but the government intervention in labor relations must have something to do it. American labor relations act the role of the us government positioning for the interests of the whole society represents, labor relations equalizer, labor relations monitoring the, the labor dispute coordinator. Japan labor relations will be the Japanese government role as the labor community of interests advocates, basic worker rights advocates, labor relations balance the, the labor dispute and their workers. The relationship between the legislation of our country has the profound inspiration:(1) the coordinate labor relations to the involvement of government;(2) the government should represent the interests of the whole economy society enter labor relations;(3) the government intervention to balance the relationship between the labor relations;(4) the government in labor relations should be something to do it;(5) the government should be harmonious labor relations of the guide. With the labor legislation to learn from, have a foothold in China’s national conditions, in my opinions, our government in labor relations to be redefine the role. Indirect intervention principle, the weak interests lay particular stress on protection principle and social the overall economic benefit of the principle as a guide, our country government in labor relations should be harmonious labor relations as the guide, labor relations regulators’ monitor, labor relations, and the role of arbiter in the labor dispute.