Research On Governmental Functions About Construction Of Harmonious Labor Relationship

The party expounded overall reform and distinctly put forward the total goal of overall reform whose coverage is to advance the modernization of the state governance system and governance capability in the Third Plenary Session of the 18 th CPC Central Committee and also regard it as main task to be promoted. As the main body of the reform,government has to turn from management role into governance role and realizes the reform of governmental functions from the new view,which plays an important role in field of labor relationships. "Every child knows that if each people stopped working, they would perish even a few weeks, not mention to the year." At present, our country is in a period of profound transformation,economic system,social system and interest pattern have all changed a lot, which made traditional system severely impacted and challenged.In addition,the new labor relationship adapted to socialist market economy is not yet fully formed; these factors all have a direct influence on social harmony.From all forms of ownership, the proportion of non-public ownership economy has been increasingly improved;from the subjects of labor relationships, migrant workers continue to integrate into modern labor relationships;however, from the forms of labor relationships, non- contractual labor relationships have been widespread.These new problems in the period of profound transformation are not given clear definitions from labor law. At the same time,market as an invisible hand has certain lag and blindness in process of adjusting labor relationships,so the solution of these problems needs governmental macro-control.But in fact, government as one subject of labor relationships adjusts labor relationships to be made it harmonious by economic means,administrative means and legal means. It is very urgent to reorient roles and functions of government about adjusting labor relationships in a period of profound transformation and exert subject functions of government,which is not only the theoretical need of governmental function research,but also practical need of governmental function optimization.This article has four parts:Part 1:A general overview of the governmental functions in the construction of harmonious labor relationship.This section started with the basic concepts of labor relations, harmonious labor relations,and the governmental functions,to deepen the understanding of the commons between harmonious labor relations and the government functions,illustrating that governmental functions demand to social efficiency and social justice by the contact between them.Part 2: The role and function of government in building harmonious labor relations.This section elaborates the reason why government steps in building harmonious labor relations in two aspects: first, the different degrees failure of market wise labor relationship; second,government own advantages to regulate the labor relations,and then, on this basis,discussed the roles and functions of government in building harmonious labor relations.Part 3:The missing functions of government in building a harmonious labor relationship.The starting point of his section is to analysis the current situation of harmonious labor relations construction,discussed the disharmonious factors in building a harmonious labor relation like tough employment situation,lack of guarantee of the laborers` legal benefits, high labor dispute cases,serious imbalance of relationships between the labor and the capital, the loss of trade unions` functions,and so on. On this basement, from the angle of taking government as the main labor relations subject,this article state the lacking of government functions in building a harmonious labor relations and the reasons.Part 4:The considerations about optimizing the functions of government in constructing harmonious labor relations.as the main part of harmonious labor relationship construction, the government must insist the principle of legality,subsidiary and contractual priority during enhancing the functional performance,aim to orient the boundary of governmental functions. Furthermore, this part discusses the optimization strategies of governmental functions in constructing harmonious labor relationship.