Research On Legal Issues Of The Labor Security Supervision Of China

The labor security supervision system of People's Republic of China was carried on 1993,which has developed for over twenty years.The labor security supervision plays an important role in the maintenance of the lawful rights and interests of workers and fighting against illegal labor act,but labor security supervision system is still restricted in progress by many problems,including unknown authority and responsibility,function ill-defined,inappropriate executing means.Overall,Our labor security supervision system is still in the stage of exploration and improvement.At present,the global downturn lead to less foreign orders,industrial enterprises,enterprises profit.Enterprises have to lay off workers to reduce labor costs.In the context of the economic downturn,the disparity between the two force,even for workers to work and had to give up the basic rights of labor,such as lower wages,giving up rest and vacation.In this case,the administrative security supervision system implemented by the state compulsory force has become the most effective and timely safeguard measures to protect the lawful rights and interests of labor and social security.This paper will combine the study of China's current legal provisions of the labor security supervision system and theory,analysis of the existing problems of labor security supervision system from China's labor security supervision system functions,legislative system and management model in three aspects.The labor security supervision system of our country function positioning is ill-defined,which lead to labor security administration plays a labor dispute disputes "middleman" role in practice,although the diversion of part of labor disputes,but also lead to problems,such as: enhanced obligations of labor security administration.Meanwhile,the labor supervision personnel shortage lead to security supervision and law enforcement focus on fuzzy,inappropriate executing means.At the same time,China's current labor security supervision system is not enough,the lack of systematic legal system,which resulted in inadequate enforcement,law enforcement confusion.According to research the labor security supervision system of Japan and China's Macao region,put forward China's labor security supervision system to improve the leadership management mode,perfecting the power supervision system.In addition,by giving labor security administration compulsory enforcing jurisdiction,increasing the legal liability of legal representative,perfecting the punishment system of labor security supervision by increasing the punishment mechanism.