Study On The Coordination Mechanism Of China’s Collective Labor Relations

In China’s current legal regulation of labor relations of the state,the topic by workers of individual labor relations on the level of coordination mechanism of labor relations perspective has great limitations.The individual labor relations and collective labor relation between the two is labor law racing together bridle to bridle.But at present the collective coordination mechanism of labor relations in China in the mature stage,the adjustment means is single.The first:the legislative mechanism,mainly through legislation to balance the rights and obligations of both parties of labor relations.Second:the collective contract system,the collective contract to coordinate the collective labor relations.Third:the collective labor dispute system,when the rights and obligations of both parties clearlylf a dispute occurs,to the collective labor dispute system to regulate the consequences of responsibility.From the theoretical point of view,China’s labor law system to adjust the individual labor relations as the main object.Compared with the individual labor relations,the value basis of the collective labor relations is weak,long-term stability is thought to suppress,in the legal reform agenda in the long term edge.Also,the collective labor relations system landing difficult in the judicial practice has long been overhead.For the coordination of collective labor relations only stay in the macro,basic principle,and does not go into the details of the system itself.And the adjustment means a single,when the impact of unstable factors,the systemModel can not effectively take emergency measures.From the practical value,in the "People’s Republic of China labor contract law"(hereinafter referred to as the "labor contract law")promulgated after the collective labor dispute cases appeared in growth,but in the judicial practice of collective disputes once suffered "removing collective",arbitration court and labor.Based on "maintaining stability","economic interests" and "achievement increment"and other reasons,will be able to co litigation(Arbitration)to solve the case,forcing the parties to decentralized treatment for individual labor dispute cases,in order to eliminate the collective and social influence.This strategy significantly increases the social cost,the loss of ourTherefore,the effective coordination of collective labor relations is of great significance for improving the efficiency of labor dispute cases and maintaining the credibility of the judiciary.This paper is divided into five parts:the first part is the introduction,including the background and significance of topics,research status at home and abroad,thinking and methods of writing the introduction.Through literature review and introduction of the background at home and abroad,on this basis,lay the foundation for the study of the main view,to realize the innovation of theory the second part is an overview of collective labor relations coordination mechanism.This paper mainly introduced the meaning of the collective labor relations,through the different angles of understanding basic understanding of its nature,and expounds the characteristics of the collective labor relations and comparative analysis and individual labor relations,in order to deep hole on the system in understanding.On this basis,introduces the means and mode of adjustment of collective labor relations and the social value.The third part mainly according to the present situation of coordination mechanism of China’s collective labor relations are analyzed and put forward the existing problems.This part focuses on the analysis of the three party consultation system,the collective contract system,the collective labor dispute system,and on this basis,to explore the system of loss.The fourth part of the relevant national collective labor relations coordination mechanism in the effective reference,highlighting the problems to find out our practice."Outside the box,so the collective labor relations especially,through the comparison of different system models,from their endThe good of our labor legal system.The fifth part mainly explores the perfect coordination mechanism of China’s collective labor relations measures.On the basis of the above analysis,summarizes the main contents and the key point of this article,and based on the analysis of the reasons,put forward some suggestions to the future of China’s collective labor relations coordination mechanism the construction of benefit.The innovation of this paper lies in the view,from the material point of view,this paper establishes a basis in the local field research at home and abroad on the typical case,the reference "ESOP","communication" and"double decision system",a comprehensive exploration of the collective labor relations coordination mechanism in China from.On the application of countermeasures.This paper from the perspective of various coordination mechanism and coordination of the subject,with the "three party negotiation mechanism","collective contract system"."legal adjustment of collective labor dispute system" as the main content,form a clear subject,rights and obligations clear legal responsibility for the consequences of the overall framework.This article from the current situation of the collective labor relations as the starting point,the main use of the literature research method,comparative research method,case study and economic law,social law combining the methods of interpretation from the abstract to the concrete of the collective labor relations coordination mechanism,to explore the current intention of legislators,the analysis between the parties the rights and obligations.And the theoretical research and China’s actual situation combined,using comparative study method and foreign related system domestic practice are compared and summarized,put forward the idea of perfecting the preliminary collective labor relations coordination mechanism,the collective labor relations system inIn the whole labor system of our country,it explains the necessity and social value of its existence,so as to provide reference value for constructing harmonious labor relations in our country...