Analysis Of Problems And Countermeasures Of Labor Inspection Enforcement In China

In recent years, with the development of economy and society, social relationsare becoming more and more complicated. As an important part of social relations,the forms of labor relations appear diversified along with the change of economicsituation. Social production is the starting point of economic situation and socialprogress. So labor relations born directly in the process of production will inevitablybe put more attention by all circles in the society. In a sense, whether the laborrelations can be handled properly will be directly related to the stability of thesustainable development of economy. In recent years, China is just in a critical periodof reform. In fact, reform is a process of recombining interests of all parties. As to thelabor relations, it involves the relocation of the interests including the employers andworkers and society. In practice, the employers are in a relatively strong position. Torealize the objectives of making profits maximization, many employers maydeliberately avoid undertaking the social responsibility. And they may use theiradvantage to infringe upon the rights and interests of the workers. In this process,many kinds of labor disputes are inevitable. The legitimate rights and interests ofworkers are constantly violated.In order to ease the contradictions between the employers and workers, and tomaintain social harmony and stability, and to keep up with the world trend of theprotection to the human rights, our country has made a series of measures to balancethe strength of both sides. In recent years, the labor legislation of China has mademany important achievements. Among them, the labor contract law of the People’sRepublic of China promulgated in2007highlights the legislators’ position anddetermination to protect the legal rights and interests of workers. The labor legislationof China has preliminarily formed by now. With respect to the achievements made inarea of legislation, though the enforcement of labor law has also achieved someresults, there are still many problems. As an important part of labor law enforcement,labor inspection therefore has received a widespread attention from all walks of life. From the view of the design of the system, there are basically three kinds to bechosen when the public power wants to intervene labor relations, namely laborinspection, labor arbitration and judicial judgment. However, labor inspection is quitedifferent from the other ones, because it may enjoy more autonomy in adjusting laborrelations. As one of the important function of government departments, the laborinspection enforcement depends on the national administrative power. Laborinspection has a natural social influence. From this perspective, labor inspectionshould go a long way in enhancing the stability of labor relations.However，as an official who takes part in the process of labor inspectionenforcement, I find many problems in the process of enforcement of labor inspection.Of course, there are many reasons for these problems. On one hand, the imperfectlegislation makes the labor inspection enforcement means obviously inadequate.Legislators do not give matching enforcement authority to the enforcers. On the otherhand, the independence of the power of labor inspection should be strengthened. Thelabor inspection department should maintain certain independence though it shouldaccept the governments’ leadership. Various improper interferences seriously affectthe fairness and timeliness of labor inspection enforcement. As to the problemsemerged in practice, I reflect on them from multiple perspective, and analyze thereasons, and think about the proper path to solve these problems from the perspectiveof a labor inspection law enforcement official. In my opinion, only by improving thelabor inspection legislation, and improving the status of labor inspection, andguaranteeing the independence of labor inspection will the labor inspection make abetter service to the development of our economy and society.