Research The Issue Of Labor Security Supervision

Affected by objective factors such as labor market supply exceeds demand, themarket characteristics of ‘strong capital weak labor’. Checks and balances from thegovernment, and other factors effect is particularly needed. In our country at present,the labor security supervision department can effectively assume this balance? Theanswer is not so good. Reality of an emerging middle case shows that the lack oflabor security supervision system in China. Main body of labor security supervisionsystem is specialized state organs of legal or administrative departments of laborsecurity supervision, the object is unit of choose and employ persons. The concept asthe main body, in accordance with the relevant provisions of labor law, in accordancewith certain content and the procedure, object to comply with labor laws, regulationsand rules of supervision and inspection and punishment and so on a series ofadministrative activities. Through the beforehand prevention, to prevent the illegalemployment of unit of chooses and employs persons, in order to ensure laborerlegitimate rights and interests of labor administrative law.‘Foxconn’ event in2010and2012, cause very big echo of the general public,why to outsiders, this let a person envy of the world top500enterprises and theinternal employees is a barrage of cutting pulse suicide by jumping off a building? By‘Foxconn’ event of the legal analysis, this paper raises the problems existing in thelabor security supervision system in our country. Comprehensively, this paper has adetailed, trace back the origin, elaborated the concept and meaning of labor securitysupervision system, history, international labor conventions and recommendationsabout the provisions of the labor security supervision of labor security supervisionand legislation of China deeply touched. If the labor legislation, without laborinspection, labor legislation is a moral law, and will not have any binding." Since setup the administrative departments in our country, and why many of the employingunit infringes upon the lawful rights and interests of workers in practice events riseone after another, has repeatedly? What did the department problem, let "beauty" oflabor law become a dead letter, can not effectively play a role in practice? How to change the status quo? Department of labor security supervision is way far and heavy.This article is trying to write this topic, reading a large amount of literature relating tothe labor security supervision, but found these problems in literature indicates thatlabor security supervision, will point to the same problem, namely: the labor securitysupervision responsibilities and applicable scope of the labor arbitration overlap orcross. After deliberation before writing, this problem is only on the surface of theproblem, but the real problem is the functions of the department of labor securitysupervision in our country hasn’t really played. Because the government hasn’t reallyattaches great importance to the labor security supervision, supervision of laborsecurity departments don’t have enough funds, personnel, and institutions setunreasonable, therefore can’t comprehensive supervision and inspection, unit ofchoose and employ persons and laborer’s reporting and complaint, so that seems to bealso in the administrative law enforcement, but not from the source to ensure theexecution of the function of labor security supervision. Because of the high efficiencyof the administrative law enforcement, the cost is low, many people are willing tochoose this way to solve, so from the appearance point of view and labor coincidencein the scope of accepting cases. But the real question should be the labor securitysupervision passive afterwards, law enforcement, the reason is that the government’srole positioning is not accurate, and to solve its strategy is to strengthen theprevention function of labor security supervision. Labor security supervisiondepartments should give priority to in order to active prevention function, rather thanmerely stay on passive afterwards supervision, supervisory departments should takevarious measures to avoid accidents, labor disputes, produce the occurrence ofaccidents and occupational diseases, because the event has already occurred, inaccordance with the processing than hasn’t happened to avoid easier. From anotherperspective, the labor arbitration system design are intended as laborer and unit ofchoose and employ persons between the relief provided in private law, the purpose isto solve the dispute. But the labor security supervision system design is meantbetween workers in labor relations in the weak side, in order to balance this relation,the administrative department to enter with the attitude of public power and the powerof unit of choose and employ persons to pay, through a series of dynamic supervision and inspection in time to stop and prevent the unit of choose and employ persons ishappening, or illegal ACTS that will occur. The labor security supervision is mainlyfor supervision over and inspection of unit of choose and employ persons in violationof the irregularities, warned by unit of choose and employ persons, they shall beordered to correct, informed criticism, fines, and revoke license after a series ofdecisions, unit of choose and employ persons labor according to law, so as to achievethe purpose of maintaining the legal rights and interests of laborers. So the laborsecurity supervision is through prevention from the source to prevent the illegalemployment of unit of chooses and employs persons, and the controversy is a disputeoccurs after the principles such as through voluntary negotiation to reach anagreement to solve contradictions.That there is a problem caused again. Labor security supervision in China evenin funds, manpower, institutions and other issues have been resolved prior preventionfunction, but why still safeguard supervisory personnel in the enforcement processand after the enforcement decisions cannot be effectively implemented? Nocompulsory enforcement, this is due to the labor security supervision department cannot take compulsory measures in the law enforcement process, after make a decision,also can’t execute compulsory unit of choose and employ persons, in this level, theenforcement of the labor security supervision as a "moral law" no binding, can’tentertain wild hope unit of choose and employ persons conscience found to perform,so that the labor security supervision law enforcement more vain law enforcement,not only fail to prevent the employer’s illegal employment, the more can’t from thesystem design itself, protecting the lawful rights and interests of workers. Departmentof labor security supervision fall into the dilemma. Legislation to give the departmentof labor security supervision necessary emergency compulsory enforcement isurgently necessary.Therefore, this article concluded that the labor security supervision, first of all,to change the function, to prevent function is given priority to; Second, the legislationon labor security supervision of law enforcement power. Contribution of this paper isalso described to understand the above two problems, the other is almost the sameproblem with other researchers, the innovation is very small. This article main research method is comparative law, theory with practice, the materialist dialectics ofinternal cause and external cause. This article embarks from the practice, the choiceand purely theoretical knowledge is far the practical problems, the use comparisonresearch method, through the analysis of the labor security supervision system ofabroad, give enlightenment to our country. On the analysis of the problems, causeanalysis and countermeasures study, the use of materialist dialectics of internal causeand external cause.