Research On The Legal Operation Of Labor Supervision In China

The power of labor inspection,representing state authority,bears the national responsibility of bottom line control of labor rights,and also plays an important role in the labor law system.But now,the conflict of laborer and employer is strikingly increasing,the amount of employer's illegal activities is increasing too.This phenomenon has already affected the social stability and the sustainable development of economy.The power of labor inspection is the power to supervise the employing units in accordance with the legal procedures within the scope prescribed by law.This is the core of labor inspection activities.In this context,the power of labor inspection has started to exposing malpractice.So,it is very necessary to take a look at the power of labor inspection again.Aiming at the problem of the legal operation of labor supervision power in the Mainland of China,a solution is put forward.This article wants to solve the problem and improve all aspects of legal operation of labor supervision power,wants to contribute my own strength to protect the legitimate rights and interests of our laborers.Faced with the overlapping of the labor inspection and the labor arbitration cases,under the mainstream view that "the labor supervision should be incorporated into the labor dispute handling mechanism",from the perspective of the public law attribute of the labor inspection power,the operation of power and the preventive function of unique initiative law enforcement,this article presents a new insight,trying to clarify the relationship between them,and trying to avoid the labor inspection to be involved in the handling of disputes too much;Faced with the problem of inadequate provision of law enforcement instruments in labor inspection legislation,this article combines the relevant experience in Macao,trying to suggest to enrich the law enforcement instruments in legislation,properly empowering the labor inspectorate to exercise administrative coercive measures,trying to increase the illegal costs,penalties and the force and punitive of the labor supervision law enforcement deterrent.Different from the passive of the labor arbitration and judicial proceedings,the labor inspection has the power to take the initiative to enforce the law,however,it has not been fully realized in practice.So,this paper puts forward the establishment of early warning mechanism for labor inspection and law enforcement,trying to play the full function of the labor inspection,trying to avoid the labor violations and labor disputes fundamentally.