The Issues Of Legal Protection For Labor Rights Of China In Transition Period

After 30 years of reform and opening up, China's traditional"featuring unified"system of planned economy and economic model have been replaced by market-led economic system and market-oriented society resources, labor allocation model. The improvement of non-public economy in the national economy is significant, and the non-public economy has become our country's major means of employment.During this process, the legal protection for labor rights system was shaped. As the basis for the protection of labor rights, labor rights, and legal protection of individual labor rights system has been basically set up in China, legislation, administration, judicial, and many other security systems gradually improve and mature. At the same time, the expansion of economic scale, enhances the needs of social forces for the protection of labor rights strongly, it leads to a strong contrast because of the lack of legislation and system to protect collective labor rights.Under this background, what are the demands of labor rights protection in this transformation age of China,which developing way of labor rights protection would Chinese chose or what's the status of the protection to be? In This article, the author analyses the labor rights of Chinese citizens from the realistic point of view, and posing some basic ideas about labor rights ,hoping to improve its legal protection and development in China.In this paper, the leading academic thought is: the labor rights as socio-economic rights, with the development of economy and social will continue to enrich and better. The rights of citizens should not go beyond the time nor fall behind the socio-economic environment, there is what kind of socio-economic conditions there is what kind of civil rights, labor rights as one part of them can not be excepted.This article includes five sections:In the instruction,the article mainly describes the researching background of the time and the meaning of this research。the author proposes the idea of analysis,that is researching separately from legislation, administration and judicature parts .the author also gives the architecture of this thesis,that is both from reality and conception.In the part of title one, the basic theory is sorted out. First of all, through the analysis of researching results of scholars at home and abroad, the author clarifies the concept, characteristics and main content of labor rights. Secondly, from the perspective of history and international, the author introduces the development process of legal protection of labor rights, points out the social and historical value of the protection of labor rights.In the part of title two, it is analyzed the Chinese significance of legal protection of labor rights ,and the achievements of legal protection of labor rights since China's reform and opening up . The former, in this paper, through listing and analyzing the up-to-date data of structure of employment by industry, urban and rural employment structure and employment structure of ownership, pointing out that China's employment structure, employment patterns, employment areas, occupational structure have undergone tremendous changes , the developments of labor rights protection are practical needed.The latter, the author respectively puts the labor rights'legislation, administration, judicial guarantees into after and advance protection, then does a deep analysis of our country's achievements at labor rights protection and summarizes it, come to the conclusion that security system of individual labor rights in our country has been basically set up. The main performances are: First, the legislature on the idea give up the shackles of"country owner"status of workers, starting the protection of the rights of vulnerable groups and begin to protect the rights of vulnerable groups from the perspective of benefits distribution ,promote the balance of forces of both sides.Second, puts the main of the protection of the rights and the content merged into the market economy, changes the main scope in accordance with the laws of the market, and expanses the rights of the content.Third, the new legal abandons its previous expression style, details these rules of procedure to protect the actual operation of rights.In the part of title three, the most important problem is analyzed, that is, collective security system is not stetted up and there exists many obstacles in its exercise. The author will divide this context into three parts: The first is the failure to establish a rational system of effective trade unions. Due to improper positioning, the interest groups which Chinese trade unions stands for are not clear, in addition, no matter in organization, personnel, or economy, Chinese trade unions are all independence. All these lead to the conclusion that trade unions can not do efficient work. Second, the collective bargaining legislation system is not perfect. Although there are some rules in"Trade Union Law","collective contract regulations","Labor Contract Law",etc, these rules do not explicitly or even some of the system are incomplete, the original wishes of legislation to set up collective contract by collective bargaining is lack of actual implementation in operation. Third, the collective labor rights are lack of the right to strike. In this part, the historical reason why the right to strike was deleted in 1982 constitution is given, the author also analyzes whether the strike action is justified in legal ,right now, and the attitude of government to the legislation of the right to strike, then explains that how important role the right to strike in the collective bargaining is.In the part of title four, the author insists the opinion proposed in previous text, that the trade union system is the core of collective labor rights, trade unionism directly impact the citizens'right of collective bargaining and the right to strike, setting up a rational and effective trade union system of implementation is the key to realize the citizens'collective labor right. focusing on the core concept of setting up effective trade union system, the author proposes some ideas to perfect our country's legal protection for collective labor rights. In the reformation of trade unions system the author puts forward five-point:First, the author suggests encouraging setting up industry trade union by legislation in order to let trade unions avoid these disturbs coming from enterprises. Second, reforms the sources of funding of trade union activity, by this way to enable trade unions to have an independent status in economic. Third, the leaders of trade unions must be elected by its members, and they must take the responsibility to all members. Fourth, adopt trade unions'right of suggestion and supervising in national and local legislation activities. Fifth, recruits persons with interrelated knowledge set up professional trade unions.At the respect of the right to strike, the author suggests that low-order laws would be made, and adopting the right to strike of workers limited. At the same time, the author proposes conservatively that without the setting up of efficient and suitable trade union system and collective barging system, establishing a comprehensive strike rights system will still have a longer way to go.