The Choice And Reconstruction Path Of Chinese Legal System In Guaranteeing Unpaid Wages

With the rapid development of China's market economy and changes in the socio-economic situation,the phenomenon of corporate defaults on wages is emerging.The problem of unpaid wages has become the focus of attention of the masses and the government.The importance of wages to workers is self-evident,the wages of enterprises directly impact the income of workers,which makes the contradiction between employers and employees increasingly sharp and intensified.At the same time,because the current legal system of wage arrears in China is not perfect,the problem of unpaid wages,which has been common in recent years,cannot be effectively prevented and resolved.Confined to the high cost of public relief,workers in the face of unpaid wages are deeply unable to protect their legitimate rights and interests,often forced to choose extreme ways to defend their rights,resulting in collective wage-seeking mass incidents,which not only push enterprises and the government to the forefront,but also threaten the stability and order of society.Therefore,it is of great practical significance to construct a guaranteed wage guarantee model which can effectively protect the legitimate rights and interests of workers and prevent and solve the problem of wages owed by enterprises,and it is urgent to arouse our attention and attention.From four aspects,the author makes an in-depth analysis of the legal system of the guarantee of unpaid wages in China,hoping to provide a reference for the construction of the legal system for the protection of wage arrears.In the first part of the article,the author focuses on clarifying the connotation and system composition,function and theoretical basis of the guarantee of unpaid wages.it is clearly put forward that the guarantee system of wage arrears contains three theories,such as survival right,fairness and justice,and society.Then,the author examines and reflects on the realistic choice and implementation status of the legal system of the guarantee of unpaid wages,which is the current reserve salary margin,the emergency working capital of unpaid wages and the guarantee fund of unpaid wages.The author thinks that the reserved wage margin is limited by the narrow scope of application,while the emergency working capital of unpaid wages leads to excessive financial burden,and the development of the Guarantee fund system is more mature and complete.In the third part of the article,the paper analyzes the legal system of the guarantee of unpaid wages in the extraterritorial representative countries and the Taiwan.The author thinks that the stone of his mountain can attack Jade,take the essence of its dross to the extraterritorial practice,and sum up the reference significance to the legal system of constructing the guarantee of unpaid wages in our country.The main part of the article,based on the current situation of the guarantee system of wage arrears in legislation and practice of confusion and many problems,the author believes that China should be as soon as possible to reconstruct the legal system of the guarantee of wage arrears,put forward the "progressive single" wage protection system as the system to reconstruct the overall idea of the point of view.The concrete construction path of this idea is as follows:first,promote the emergency working capital system of unpaid wages,which is the main government fund,as the connection and transition of the construction of the national single wage Arrears guarantee fund system,and finally complete the ultimate goal of changing to the national single-type wage arrears Guarantee Fund system.At that time,China should also enact a nationwide applicable law,giving the national guarantee system of wage arrears a legal basis and basis.At the end of this part,the author will carry out the design and conception of the specific system from each dimension of the establishment and operation of the national guarantee system of unpaid wages.