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The Research Of The Government’s Position And Responsibilities In Building A Harmonious And Stable Labor Relations

Posted on:2014-01-24Degree:MasterType:Thesis
Country:ChinaCandidate:C LiuFull Text:PDF
GTID:2246330398979118Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Labor relations is a basic social relations, labor relations harmonious and stable relations with the harmony and stability of the whole society and sustainable development. The current realities of our working relationship with the ideal of a harmonious society, the target is still a gap. Positioning into the21st century, the government in labor relations, and should assume the responsibility to build a harmonious and stable labor relations, administrative law, researchers are increasingly concerned about the object. With the party has put forward a better vision of building a socialist harmonious society, the development of harmonious labor relations into the system of building a harmonious society. Various theoretical study of building a harmonious socialist society, and constantly improve the administrative law researchers and learners are also more and more eyes on the protection of the rule of law in the process of building a harmonious and stable labor relations.Several subjects of labor relations, the government is build provider of harmonious labor relations legal guarantees as it should. It is because of government regulation, management, service lag before a the disharmony phenomenon of labor relations. To build a harmonious and stable labor relations, be sure to give full play to the role of the government body. Study harmony and stable labor relations issues, coordination of labor relations has a strong sense of reality, but also on the functions of the government in the further study of the process of transition, positioning and accountability try.Paper is divided into four parts:The first part of labor and labor relations from human society clear labor relations in this paper standing on the perspective of administrative law, labor relations concern a broad, laborers, labor users and organizations a social and economic relations. Resolve the contradictory reality in the interests of both employers and employees need to build a harmonious and stable labor relations, is the inherent requirement of the development of the market economy, and also the realization of human rights protection, the contents can not be ignored. At present, China’s labor relations status quo is still not optimistic about the employment situation, the rights and interests of laborers, labor disputes and income distribution, the emergence of a lot of problems to be solved. Provide protection of the rule of law, the government must assume responsibility as the regulation of the market economy to build a harmonious and stable labor relations.The second part analyzes the functions of the government under the conditions of market economy. Under the conditions of market economy, the government functions of a larger shift occurred from management to service, developed market economy, the National Labor Relations has experienced relatively harmonious and stable labor relations from the fierce confrontation to development process. Britain and France, Japan and South Korea, and Singapore’s labor relations adjustment mode or some specific mechanism of China has a useful reference and inspiration. Government should respect the market configure a variety of resources, including labor resources, including the foundation of the economy, it is necessary to focus on solving the problem of unemployment and income disparity; coordination of labor relations issues, should attach great importance to implement the concept of "people-oriented".The third part of the body types of labor relations, the government as a provider of public services and public goods, a good rule makers should play in building a harmonious and stable labor relations, market regulators, supervisors and referees who role. Perspective of Administrative Law, the government exercises its right to normative documents to develop the terms of reference of the administrative inspection rights, the right to administrative penalties, while undertaking the administration according to law, accept supervision and legal obligations.Part4points to a harmonious and stable labor relations, the Government should take concrete measures. The first is to strengthen the adjustment of labor relations and legal system to promote the revision of the labor law and other laws and regulations, the introduction of supporting specification; strengthen integration with the international labor standards; reconstruction of the trade union organization, to strengthen the representation of its workers. The second is to strengthen the labor inspection and law enforcement to focus on resolving the signing of labor contracts, infringe on the legal rights of workers, and especially to strengthen the supervision of production safety. The third is to perform good government macro-control functions, to promote the society of full employment, improve the social security system to protect workers’ incomes. Finally, to properly resolve the labor dispute, the establishment of a truly representative, the effectiveness of the tripartite consultation mechanism and collective bargaining mechanisms, the establishment of an efficient labor dispute mediation and arbitration mechanisms.The fifth part of the responsibility of government to achieve the rule of law to expand the. Accountability mechanisms or not, decide whether responsibility can be effectively realized. In the process of building a harmonious and stable labor relations, the rule of law and security responsibilities of the government can be divided into traditional liability and non-traditional liability. Such as the development of normative documents, to carry out the traditional administrative responsibility for labor inspection and enforcement, accountability can be achieved through administrative reconsideration and administrative litigation; For the duties entrusted to "promote legislation such as the promotion of employment and improve social security, consider the establishment of an internal accountability-based illegal principles and objectives of the responsibility and try the Principles of Responsibility accountability mechanisms, and expanding the scope of accountability subject, expanding grassroots democratic supervision, and further improve the responsibility prosecuted.
Keywords/Search Tags:labor relations, the rule of law, position, responsibility
PDF Full Text Request
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