On The Subject Status Of Labour Union In National Collective Contract

The collective contract system in the context of new China is a historical concept, which isthat in the beginning of PRC the collective contract system had already existed, although in the1960s had been cancellation.Of the last century the early eighty’s witnessed the something of thekind named co-insurance contract system.In the90s with the naissance and growth of marketeconomy, the collective contract system with new forms has built a foundation for the labor legalsystem and continues to the present time, and as one of the test on institutional innovation which has createdsome kind of possibility for the construction of society with rule of law. The collective contract systemis an important guarantee of labor rights and interests, born with the market economy but to whichhad not been attached importance,so this system experiences many variation even falls back in thedevelopmenrt process. The problems in term of the role and identity of the labour union in thecollective contract system,whether in the collective contract or even in individual labor contractbeforehand, at present or later, all can be seen as a big proposition of changes in legal fact in thelabor process, so exploration in this proposition really is the key to the collective contract, whichprovides the legal system construction of labor rights protection with possibility.Therefore,based on the connotation of subject of collective contract and the three propositionsin principle which the trade unions to be supposed to possess standing as the subject of collectivecontract. The propositions in principle follow the study of the relationship between subjects ofcollective contract and related parties and assurance of the propositions in principle derives thenecessity to investigating the institution practice. Corresponding with the propositions in principleand based on the study of practical situation of China’s trade unions in collective contract systemwe find out the reason of deviation to the system, so the traces of the generally academic path canbe found in this paper, that is, the path from the metaphysics to the reality. The process from theexporation to elemental proposition to discovery of problem then to the analysis of the reason isonly a critical one, and to realize the self-communion of system it ought to be a building stage, sothe last section show us a system framework of reconstruction, in this framework we can find howto resolve or enhance the force and the situation of both and find the care of equality and independence in the subject of a collective contract.