Study On The Legal System Of Labor Supervision

Labor relation is one of the most basic and critical modern social relations.The harmonious coexistence of labor and capital is the key point to achieve stable economic development.However,the current social pattern of strong capital and weak labor leads to the lack of ability of workers in a weak position to compete with employers,and the legitimate labor rights and interests are often violated.At this time,the labor supervision organ,starting from the reconciliation of labor conflicts and the stability of labor relations,intervenes in labor relations according to law to balance the balance of power between labor and capital.At present,China is in the period of social transformation.The development of market economy brings benefits,but at the same time,it leads to the increasing number of labor disputes.However,the legal system of labor supervision has fallen into a state of "virtual power" due to the obstruction of its function.In order to further improve the content of the legal system of labor supervision,it is urgent for the labor supervision department to change the concept of law enforcement and play its role in protecting the rights and interests of workers,restraining the illegal acts of employers and promoting the harmonious development of labor relations.This paper is divided into four parts: the first part explores the basic theory of labor supervision.First,it summarizes the basic concept of labor supervision from the two dimensions of law and academic analysis.It refers to that the labor supervision department inspects and supervises the employers' compliance with laws and regulations and investigates and punishes the behaviors that infringe the legitimate rights and interests of workers according to the contents and procedures of labor laws and regulations A series of monitoring activities.Secondly,it is clear that the legal system of labor supervision should have the characteristics of statutory power,specialized subject,specific object and mandatory decision.Finally,it is determined that labor supervision has the administrative mandatory attribute,which lays the foundation for the later discussion.The second part briefly introduces the content of labor supervision legal system in foreign countries and Its Enlightenment to China.The legal systems of labor supervision in the Netherlands,Chile and Macao special administrative regions are enlightening to the current system construction of China in three aspects:improving the construction of labor supervision team,strengthening the means of implementation,taking into account the flexibility measures and strictly investigating the legal responsibility of the employing unit.The third part outlines the provisions anddeficiencies of the labor supervision legal system in China.Even though the special chapter is set in the law and the special regulations are formulated to specify the procedures,responsibilities and obligations of labor supervision,there is still a lack of consultation and cooperation between the relevant departments of labor supervision,and there is no clear stipulation on the acceptance time limit of labor supervision and the suspension and interruption system during the investigation There are defects in the construction of mobile supervision team,the lack of enforcement means of combining punishment with education,and the lack of legal responsibility investigation of labor supervision organs.This paper expounds the harm caused by the above problems,which paves the way for the improvement of measures.The fourth part puts forward suggestions on the improvement of the legal system of labor supervision in China,from the establishment of the coordination and cooperation mechanism between the relevant departments of labor supervision,the provision that the time limit for the recovery of social insurance premiums is not limited by the two-year limitation of labor supervision,the establishment of the suspension and interruption system during the handling of cases,the strengthening of the construction of labor supervision team,the formulation of the implementation measures of labor supervision combined with punishment and the standardization of the labor supervision department Five aspects of the legal responsibility should be taken to supplement and improve the legal system of labor supervision,so that it can play an effective role.