The Rule Of Law Adjustment Research Of Labor Collective Right Practice

"Collective rights of workers" behavior pattern is the zhujiang delta region in recent years the emergence of new labor conflict forms, is a derivative of the existing system of labor relations, is equal game, also negotiation practice innovation in the field of results. Relevant typical cases reflected the laborer group rights consciousness awakening, for the study of collective labor rights of workers in the zhujiang delta provides a new reality of template, the law sociology visual angle. In this article, through analysis of guangzhou panyu Lide shoe factory workers rights cases, to adjust the labor relations in our country at present stage, the individual dispute mode to the collective rights transformation, especially the "collective rights of workers", the legal nature of genetic research on the legal issues related to social background. In this paper, the main content and purpose is: based on the analysis of typical cases and real rights predicament of ordinary workers in the zhujiang delta and around the rights and obligations of both sides labor confrontation, analyze the nature of the workers' collective activism model, legal basis and profound cause, then suggest the rule of law to solve the above problems, help to build a harmonious labor relations.This paper using the method of case analysis. According to "the case analysis---problem analysis--- offer proposal " logical structure. Besides preface and conclusion, the main content is as follows:The first part, briefly introduced the cause of the "Lide collective rights of workers" case after and result.The analysis of the collective labor dispute processing experience, and outlines the workers from this event processing experience in collective rights behavior patterns.The second part, analysis the characteristics and methods of the collective rights of workers in that case, discusses the legal basis for the specification and behind the collective behavior patterns. Analyzed with representation "workers" for the characteristics of workers rights protection mode, the mode of operation and its legal basis and rationality, discusses the "collective rights of workers" model for the role of collective labor dispute settlement.The third part, seeking from the existing legal framework and the system level, the reasons for selecting the collective rights of action mode of the workers. Including: internal awakening have mainly focused on workers' rights consciousness; external labor legislation, the union problem, the lack of collective bargaining system. All those cause explains the profound social rationality of collective rights of workers.The fourth part, from the perspective of social background, the difficulties workers facing and its own limitations. Including the economic reduce, the imbalance in the actual operation of labor rights and obligations, and the government in the labor dispute represented by the contradiction between different identity.The fifth part, from the practice of collective bargaining in developed market economy countries and the conventions of the international labour organization, explore the system available for reference in our country, draw to draw lessons from the beneficial experience of our country.The sixth part, explores the ways of perfecting the collective rights of workers. Suggestions: to establish a dialogue mechanism, and find the best point of labor system, create harmonious ecological environment. In order to improve the workers' collective action, should strengthen the organization and management and its construction; functional change of local government completed as soon as possible; to promote the reform to give full play to the trade union on behalf of the function of the laborer; Introducing the pluralistic society, multi-level, wide area established a dialogue mechanism to a labor dispute; for the collective labor dispute to provide feasible pattern export.In this paper, the study found that the reasons for selecting the collective rights of workers is: on the one hand, the capital of power and workers' rights management system chaos lead to damage of phenomenon is widespread and severe, labour rights are hard and bulk; on the other hand, the shortage of labor legal system in our country at present stage, including the lack of labor and equal game mechanism, the lack of dialogue mechanism, the union infunction and local dislocation of government power. Is down to the labor law and other superstructure serious backward, and can't adapt to the requirement of market economy, such as economic basis. Under the rule of law reform suggested in this paper, on the basis of that the labor legislation, should be the improvement of the basic rights and collective labour equal game mechanism, collective bargaining, democratic management, social dialogue, etc.). Social governance, should train workers' rights consciousness and contract ethics, actively running Labour equal game mechanism, constraint of local government profit-driven, put the unions at the first line of labor relations, the introduction of social forces, create competition, harmonious, lively ecosystem of labor relations, in order to better service four comprehensive strategic layout, safeguard social fairness and justice.