A Jurisprudential Analysis Of Harmonious Labor Relations

Content: Labor relations is a special relationship between people, it is subject tocertain social and political systems and their stages of development of economic,cultural, legal, institutional, policy, science and technology and other factors, the generalperformance of the harmony and conflict in two forms and results. Harmonious andstable labor relations as a prerequisite and basis for building a harmonious society inChina, is the guarantee of workers’ happy life, sustainable development of the employercommunity, building a moderately prosperous society. Therefore, in the process ofbuilding a harmonious society, we should always put coordination and resolution oflabor relations in a prominent position.China’s current labor relations in general is in coordination, the party and state inadvancing the rule of law, strengthen social management is constantly maturing, laborrelations laws and regulations are constantly established, amended, improved, andgradually form a system. However, at this stage, our working relationship existing someproblem of discord and the labor laws are not perfect.The rapid development of China is in the period of changing from industrializationto urbanization. This period is not only the golden period of development, but alsoprominent contradictions. Currently, the irrational income distribution in China’s laborrelations, labor relations personality status asymmetry, labor and social security systemis not perfect, difficult to grasp the labor standards of law enforcement, labor conflict-ridden hair and so many problems, indicating that the status of labor relations from therequirements of harmonious social there are still a big gap, the construction ofharmonious labor relations is still a long way to go.In response to these issues, this article starts from the connotation of the concept oflabor relations, analyzing of what is harmonious labor relations, general characteristicsof the current status quo of China’s labor relations, the main factors affecting the harmony of labor relations, labor relations and harmonious labor relationscharacteristics analysis, demonstrated the importance of China to establish aharmonious and stable labor relations, the urgency and necessity; study investigated theevolution of the foreign labor legislation as well as on the evolution of labor law systemconstruction of China’s labor relations review and compare, from which recognize thesocial productive forces development, socio-economic and political systems form,ideological, moral and cultural factors on the establishment and adjustment of the laborlaw system; basic conditions of the current labor relations in China is prone to lead thesocial causes of the labor conflict, the current labor defects thinking of laws andregulations, improve and perfect the labor relations in China Legal System, improve andperfect the labor relations social security system, improve and reform the labor disputemediation, legal assistance system and other countermeasures. A sound legal system isthe core foundation of the legal protection of workers. First, in China’s current pattern ofstrong capital weak labor, the reality of the legal system needs first is to improve thelabor legislation on vulnerable workers, the common law provisions for the existinglegal loopholes and weak awareness of labor both legal situation of legal regulation.Adjustment model of labor law should be the transition from simple to comprehensive;existing laws and regulations should be read in conjunction with national conditions,timely improve and perfect the regional situation, the business situation changes; laborrelations system should monitor compliance. The second is to accelerate theestablishment of a sound social insurance system, prompting the employer to assumethe legal obligation to pay for the workers to participate in various social insurance, theallocation of the balance of labor relations the main interests of both sides to promotesectors of society concerned for workers, especially the protection of vulnerable groupsof workers to achieve a more equitable distribution of social resources. The constructionprocess of the social insurance system, to seize the key, and gradually open to receivingthem, the financial support. The third is to reform and improve the labor mediationassistance system. And play an effective role of labor relations mediation assistancemechanisms is a key link to the labor law system to protect workers’ rights. Should be integrated into all conducive to resolving the social contradictions force it to play a role.Reform and improve the labor relations mediation assistance mechanisms include: thestatus of the fair and vulnerable workers, improving the legal quality of workers, theestablishment of the induction system of legal training and evidence collection;improving the trade union organizations, setting up a micro-enterprise (business), onbehalf of the employees of small micro-enterprises activism, and they shall be carriedout; transformation of government functions and integrate law enforcement resources,strengthen law enforcement and supervision of law enforcement; establishment of anindependent labor courts to simplify proceedings, reduce litigation costs, and improvelabor litigation trial limitation. To improve and perfect the government, trade unions, theemployer adjustment mechanism. Tripartite consultation mechanism as a platform fortripartite dialogue of labor, capital, government, playing and important role of building aharmonious and stable labor relations and therefore must adhere to, and constantlyimprove and perfect.