A Study On The Improvement Of Minimum Wage System In China

The legal system of the minimum wage has always been an important means for countries based on the value of social equity objectives of adjustment of labor relations.Accompanied China’s economic development mode, accelerate the transformation of labor relations were increasingly complex, especially in the rich-poor divide in China under the status, social harmony and the goal was not only become an important social task of development, but also labor-law relations development efforts direction. System of the basic theory of the legal system in the minimum wage, can reveal China’s minimum wage system reasonable shortcomings and the problems in the actual implementation, and proposed the corresponding countermeasures, which improve the system of minimum wages to protect workers’ rights of great theoretical and practical significance.So-called minimum wage system, developed by the legislature in accordance with legal procedures to protect the workers to perform normal labor obligations, the employer must pay the minimum labor remuneration, making the workers sufficient to maintain the minimum cost of its survival and necessary to support their families of a system. As early as the late19th century and early20th century, the minimum wage law was born in New Zealand and Australia.The two countries have established a minimum wage law in order to resolve labor disputes。Subsequently, other countries have followed the practice of the New Zealand and Australia, the minimum wage system was built up gradually in many countries in Europe, the Americas, Asia and Africa. In China, the earliest implementation of the minimum wage system was the Shenzhen Special Economic Zone. As the first test area, after the establishment of the Shenzhen Special Economic Zone, with the increase of foreign-funded enterprises, more and more workers pure to this land, due to the impact of labor supply and demand relationship, and in line with the market economic system, the income of workers was gradually increase. In order to protect the underlying workers’basic rights, the Shenzhen Municipal Government promulgated the minimum wage in 1992, and with the economic development continue to raise standards. After Shenzhen took the lead of the minimum wage system, the Ministry of Labor enacted the Minimum Wage Regulations in1993.Labor Law of the People’s Republic of China in July1994Article48: The state minimum wage guarantee system. This indicated that the minimum wage system in China has risen to the level of legal protection. China has formed the minimum wage system with which ministries regulations, supplemented by local legislation supporting. China’s minimum wage system has been implemented ten years, during this period,the in particular, it played an important role in the maintenance of workers’rights. While, there some problem need to be perfected, such as decision-making mechanism unscientific, the standard low and out of synchronous with economic development and coverage was too wildly.Using a combination of Comparative Law, Empirical Analysis of Law and other research methods, the historical evolution of the minimum wage system, and other countries worth learn from the successful implementation of legislation, as well as our current situation analysis, and on those basis, the appropriate measures to improve.This article was divided into four parts. The first was the minimum wage system overview, mainly around the concept of a minimum wage system, aspects of the characteristics of the history of the development of a minimum wage system, as well as the theoretical basis of the minimum wage system in China to expand。Through the introduction of the concept, characteristics, laid the basis for the further analysis of the minimum wage system; through inspection of the historical evolution of the minimum wage system both at home and abroad, to reveal the historical roots of the minimum wage system and the necessity of existence; analysis by the minimum wage system theory, the basic value and significance of the argument the minimum wage system.The second part introduces the main content of the minimum wage system in China, including the definition of the minimum wage, adjustment and development institutions, the operation mode of the minimum wage, and the scope of application.The third part was mainly explained China’s minimum wage system defects and deficiencies. These inadequacies of both legislative bodies and set the legislative process defects, inadequate supervision of both the implementation of law enforcement propaganda is not in place, from theory to practice, reveals of minimum working system to be improved at。 Analysis of deposit less than the same time, further expand the reasons for these defects detailed and profound analysis. Combined with the minimum wage system in China since the implementation of the decade, local implementation of, taking into account the specific characteristics of labor relations in China market, with detailed data, structured exposition of these defects may lead to adverse consequences and to expose these phenomena behind deep-seated reasons.On the basis of the previous three parts, the fourth part of this paper reviewed the current situation of China’s minimum wage system. Analysis of the main problem of the minimum wage system in China, and an improvement recommendations. As the focus of this article section, Part IV of the problems pointed out for the third part, targeted solution. And the United Kingdom, France, as well as improvement in the minimum wage system in Japan compared the proposed national legislation and implementation needs a direction.