Our Working Relationship Tripartite To Negotiate A Mechanism Consummation

Along with our country system reform of and strategic adjustment of economic structure, workingrelationship subject increasingly exhausted, labor relations, the complication and tend to be morediversified materialized. That rely on the government administrative means of unilateral processing of labordisputes mechanism, has not adapt to the needs of the development of social economy. Labor issues, hasbecome China’s most prominent in the social transition period, and the common social economic problems.Three party to negotiate a mechanism which is social market economy partnership is inevitable result of thedevelopment of height, is to achieve mutual benefit between different subject to a maximum ofcoordination mechanism. Three parties consultation mechanism as a pluralistic society of coordinating theconflict of interest between the employers and a basic system, widely adopted by all over the world, also isthe international labor organization long-term of carrying out the international labor standards of one. Sinceour1990approved by the National People’s Congress standing committee of the international Labororganization1976no.144three party to negotiate a mechanism to promote the international labor standardconvention since, our country three parties consultation mechanism in the state and local level hasestablished the three parties of labor relations coordination mechanism, third party to negotiate amechanism in China today has other system cannot replace role. But at present our country three partiesconsultation mechanism still exists in the construction of three parties benefit main body status inequality,the two sides main representative is not strong, the collective contract signed a form now. And this manyproblems are hindered the rapid economic development of our country. The aim of this paper is to analyzethese problems, with China’s national conditions, from theory and practice to solve.The first part is mainly to the three parties consultation mechanism theory basis and conditions forimplementing the do simple statement. Each and every one of the legal system of the key is rational makeresearch development theory, theory guidance practice will not become blind practice. China’s three partiesconsultation mechanism as "exotic", it’s basically no legal theory support make and become to. Theory ofmalnutrition in which three party to negotiate a mechanism in the event insufficiency. So it is necessary tothree parties consultation mechanism based on the theory of condition to realize and do some is introduced,as well as the three parties in mechanism of theoretical reference to give. The second part mainly introduced the labor relations and the three parties consultation mechanism and the concept of our countrylabor relationship tripartite to negotiate a mechanism of the status quo. Because our country civil lawadjustment of employment and labor contract system, the absence of lack of rational reality, China’s civilemployment and labor relations between the definition of a big problem become our country. At the sametime also detailed introduced in working relationship tripartite to negotiate a mechanism in our country theconstruction and operation of the status quo.Through the analysis of the three parties in the present situation and development of consultationmechanism, this paper puts forward three parties consultation mechanism at present in our country, theproblems and on detailed analysis. This part from three aspects the objective analyzed three partiesconsultation mechanism inadequate: legislation related laws and regulations, not perfect; The three mainparties benefit main body status inequality, the two sides representative anxious problems theme; Theoperation of the collective contract signed too formal, third party to negotiate a mechanism of running theprogram is not clear. Mainly in some developed market economy countries of the three parties consultationmechanism simple introduction. Western countries working relationship tripartite to negotiate a mechanismthrough nearly years of history, has accumulated rich experience in the theory and practice experience,although with China’s national conditions and the social environment is different, but in our country marketeconomy is construction and improve the process, investigation and understand abroad three party tonegotiate a mechanism of the theory and practice of our country will have beneficial stomach activities. ourworking relationship tripartite to negotiate a mechanism consummation, through the foreign developedmarket economy country the experience, then in combination with working relationship tripartite tonegotiate a mechanism to the problems, and in combination with the present stage of our country nationalcondition, find the problem, the labor relationship tripartite to negotiate a mechanism from the legislation,subject, running from three levels and aspects put forward its own proposals and ideas.Purpose of this article is to it through the labor relationship tripartite to negotiate a mechanism, fromthe concept and system perfect a reasonable labor dispute resolution mechanism, find a suitable for China’sbest road to the settlement of labor disputes. And the hope to a view to play a valuable role, hope morescholars and students discuss and focus on China’s labor relationship tripartite to negotiate a mechanism.