Legislative Perfection Of Labor Rights And Interests Protection In Chinese Foreign Labor Service Cooperation

Economic globalization made the world's communication frequently increased in various fields.Under this background,Chinese foreign labor service cooperation has been developed by leaps and bounds,the number of foreign labor exports has increased continuously,and the industries and regions have become increasingly rich and gradual.In this context,Chinese foreign labor service has been developing rapidly,which becomes one of the important factor of participating in international economic cooperation and promoting economic growth.But meanwhile,the labor dispute is increasing gradually,and the legal rights and interests of the laborers abroad are frequently violated.The protection of the rights and interests of the labors is becoming very prominent.The reason is complicated and diverse.The paramount reason is that there are some defects in the legislation of the labor rights and interests protection in our country,which makes the judicial practice lacks authoritative guidance and the labor rights is difficult to defend.In 2012,China promulgated the Regulations on the Administration of Foreign Labor Service Cooperation(hereinafter referred to as the "Regulations")as the first specialized administrative regulations in this field.The "Regulations" aims to protect the legal rights and interests of the laborers,which plays an important role in ameliorating the legislation.But the regulations are still flawed.So it's difficult to comprehensively solve the problems arising from this field.Therefore,it's time to proceed from the current situation of labor rights protection legislation and analyze the existing legislation and further improvement measures for the legal protection of labor services to provide legal protection.The thesis is divided into four parts:The first part analyzes the of legislation in the protection of labor rights and interests in Chinese foreign labor service cooperation.In domestic law,according to Chinese legislative law on the legal level of the law provisions,it analyzed the status quo from the laws,administrative regulations,departmental rules,local regulations and regulatory aspects;in international legislation,it analyzed mainly on international treaties China approved.At present,Chinese legal level does not directly provide for the protection of labor rights and interests,mainly regulates it by the "Regulations"and relevant departments regulations,local laws and regulations and local government regulations.The second part elaborates the necessity of perfecting the legislation of the labor rights and interests protection in Chinese foreign labor service cooperation.Due to the serious damage of legal rights and interests of laborers and the defects of consular protection,the thesis puts forward the necessity of improving the legislation of labor service rights and interests in Chinese foreign labor service cooperation.The third part analyzes the shortcomings of the existing legislation on the protection of the rights and interests of laborers in Chinese foreign labor service cooperation,including the low level of legislation and the lack of specialized laws in in China;the "Regulations" need to be perfected;legislative clean-up is not timely and the internal coordination of legislation needs to be strengthened,which impedes the full matching play of departmental rules and regulations;our country lacks of international labor cooperation with other countries and convergence with international labor legislation.The fourth part proposes the suggestions on perfecting the legislation of the protection of the rights and interests of laborers in the current foreign labor service cooperation.China should improve the legislative level and gradually develop specific laws;to further improve the "Regulations" to balance the interests of all parties and to achieve legislative balance,and further develop the Regulations of the"implementation details" to fill the gaps in legislation;to ensure the timeliness of legislative cleanup and achieve legislative coordination,and to give full play to the role of departmental regulations and other supporting;to strengthen international labor cooperation,and enhance the convergence of international labor legislation.