The Hardening Of International Labor Standards And Countermeasure Study

This paper breaks the traditional way of discussing the international labor standard, but analyzing the international labor standard more clearly by changing from "should" to "actual". It points out our attitude "soft law" towards the international labor standard and the reasons of that. It discusses the pre-eminent trend of the international labor standard's development from the macro view, medium view, tiny view nowadays. It investigates some system blemishes, such as the lack of labor basic law , absence of 3-squares mediation mechanism and confusion of government administrative apartments as a result of our country's treating the labor law as "soft law". It puts forward that we should adjust actively and perfect domestic labor law system in line with international labor standard and provide better service for our country's society and economic development. This paper consists of 4 parts: Chapter1: Attitude of our country to the international labor standard—soft law. Sectiona1: View of our country's treating international labor standard as "soft law". For a long time, our country has been treating international labor standard as soft law. The main reason falls under the performance of international labor standard is based on voluntary grant. Section2: Analysis of reasons of attitude to international labor standard. Seeing from the history development, the traditional international labor standard was really "soft law" ever. Nowadays the international labor standard has been strong, so we should be in line with modern society and treat the international labor standard with positive attitude. Chapter2: The enhanced development of international labor standard. The international labor standard has already started the pre-eminent development from macro view, medium view, tiny view and brought about direct influence on our country. Section1: Macroscopic level—pre-eminent push from international labor standard. In development situation, the enhancement should be from the core international labor standard, honorable labor and world negotiation. Along with the creation of the negative effect of the globalization, to enhance the international labor standard is an inevitable road. Section2: Medium level—Compulsive hook of the international government organization. The international government organization WTO put forward to "society item" that links international labor standard and trade sanctions compulsively. The pre-eminent development of "social item" allows of no neglect. Section3: Tiny view level—the strong permeation of the international folks organization. The organization completed a citizenry society campaign to build law from sweeping the ready-to-wear clothes to the period of the judicatory relieve. It is the consumer labor campaign that it begins from. Its development I the production rules campaign. Its deep succor is judicatory relieve. Meanwhile it completed a process of citizenry society to build law substantially. Chapter3: The influence of the pre-eminent development of the international labor standard upon our country. Sectiona1: The influence of the pre-eminent development of the international labor standard upon our country. The influence of the enhancing trend of three levels upon our country: Macroscopic level: our country has the duty to obey the international labor standard. Medium view level: The trade sanctions aims at labor standard has already appeared in our international trade realm. Tiny view level: a lot of business enterprises of our country and part of professions may therefore be hard to go to abroad the door any further. The soft law attitude of country's to international labor standard does not only reflect our country's old understanding to it, but also our country's attitude of labor law is a kind of "soft law" view itself. Sectiona2: The system obstacle that our country labor law in line with international labor standard. There are mainly 3obstacles: The form obstacle—the lack of labor basic law. The mechanism ob...