Collective Negotiation System Research In China

As the continuous development in Chinese economy, in the foreign investmentand in domestic private capital, the Chinese mainland pattern of labor relations hasundergone tremendous changes that are the individual labor relations is in transition tocollective labor relations and collective labor disputes are growing fast. In order toeffectively solve the existing collective dispute, China has actively promoted thecollective bargaining system which has made some achievements, but the legislationand operation of the current collective bargaining system in mainland China are stillmany issues worth exploring. Through introduction of collective consultation systemon the mainland and Taiwan, this discourse make an objective analysis of cross-straitdifferences and similarities of the collective bargaining system and finally proposessome suggestions of improving the mainland collective bargaining system on thisbasis. The paper is divided into four parts:The first section puts a basic overview on the collective bargaining system,including the definition of the collective bargaining system, the theoretical basis ofthe collective bargaining system and the core content of the collective bargainingsystem, putting the way for in-depth study of the system.The third part, discussing the micro differences of the cross-strait collectivebargaining system, concludes collective labor rights provisions,collective bargainingrepresentative, collective bargaining process, the effectiveness of the collectiveagreements and collective bargaining liability. By comparing the specific system ofcross-strait collective bargaining system, the author makes a clear analysis of thedifference of the cross-strait collective bargaining system and reviews theunreasonable rules of the collective bargaining system of mainland.The fourth part is about how to perfect mainland collective bargaining system.The proposal are: to improve the collective bargaining tripartite mechanism, theframework of the interests of sexual dispute arbitration system, and improve theprovisions of the collective labor rights, optimizing collective bargaining on behalf ofselected procedures, improve the collective bargaining process, ruling the penaltiesfor violation of the collective bargaining process...