The Analysis On The Legal Interest Structure In China Labor Law

Legal interest is one of the basic aspects of the law. It is often the core issue oflaw. Basic areas of legal interest areas as law, the world has been controversial, and adifferent interpretation of the theory of law schools. Specifically, the legal interest isrecognized by the law to achieve the interests of the protection. The variousdepartments have their own interest to be protected by, and the protection of theseinterests will be to achieve as their tasks and goals. Each legal department are theprimary protection of one of a variety of interests first and foremost need to highlightthe interest objectives at the same time to protect the interests of protection structurestogether form a variety of other interest objectives, namely, the legal interests of thesector method structure. Legal interest on the structure of the labor law shall be thelegal interests of workers, the employer’s legal interests, as well as national legalinterests posed. Among them, the workers and employers of legal interests betweenthe unities of opposites, the realization of state law benefits and labor law benefitsallocation is closely related. Between employees and employers, the typicallabor-management game, its benefits to be derived is that the shift is the problem ofhow to allocate the value of economic activities, labor value and surplus value. Butthe two are not absolute opposites.Between the worker and the employer, the worker are natural weak, rely solelyon the power of workers, almost impossible to compete with the employer, greatdisparity in strength between the two sides has meant that the game does not reach thedesired balance. According to game theory, only in the game both sides can free game,and thus reach an equilibrium state to be able to form a stable state, to the orderly andharmonious development, if we can not reach equilibrium, then one inevitablylong-term in the game disadvantage. the result can only be not duly interestsultimately result in a party active or passive out. Therefore, in order to maintain thehealthy and orderly and harmonious development of economic and social life, thecountry is bound to labor naturally Game intervention of a certain limit, the system of labor law to protect vulnerable groups, to strengthen its game capacity, throughgovernment oversight functions to limit the employer abuse of rights unit tocoordinate the conflict between the employee and the employer, to avoid too intenseconflict occurred, the employees and employers to achieve a win-win equilibrium.In labor relations, workers Game, and the employer, the Government also playeda significant role in the game, affecting labor relations conduct of the parties. In thegame, the parties seek its own interests to maximize access. Acquisition of theinterests of workers or not, to a large extent determined by the employing unit, boththe sum of the interests of economic activity is consistent with the distribution ofbenefits, the employer has more discretion, simply, often laborers earned moreinterests, the interests of the employer is less and vice versa. Therefore, between thelegal interests of workers, the employer and the State, there is conflict, but conflict isnot irreconcilable. At present, China’s labor law, the protection of the benefits of thevarious ways there are still some problems, including the absence of trade unionorganization and collective bargaining system, labor dispute handling mechanisms areinadequate, the Government of the dislocation Game, Game ability of workers lessLabor relations tripartite coordination mechanism in handling labor disputes inthe years of practice and coordination in the formation, the fact that the tripartitecoordination mechanism has a more prominent role in the maintenance of harmoniouslabor relations development as well as employers and employees, equal game, butalso for acceptance and implementation of a number of countries. Tripartitecoordination mechanisms for workers through collective effort to improve the weakposition to be equal consultations and Game, through institutional and legal way toreconcile, resolve conflicts and contradictions of the legal interest in the laborrelations between the main and the employer. Government is clear in which neutralstatus, clear the two sides of the law should be based on the realization and protectionof the behavior of employees and employers to monitor and moderate control, inorder to promote labor relations the main power tends to right through equalnegotiation and Game to reach a balance between employers and employees. If youcan have a proper understanding of their rights and legitimate exercise of these rights,run by trade unions, the workers are better able to with the employer to bargain collectively, and to safeguard their legal interests. In the development of trade unionsat the same time, it should be correct to see the relationship between the employeeand the employer. Both as a labor relations between the two interests of the game, butthey are not irreconcilable class contradictions. Employee and the employer is closelyrelated to the common development, so in the establishment and improvement of thefunctions of trade unions is not put workers and the employer opposition to fightagainst, but rather should be with the positive role of trade unions to alleviate andeliminate the two between conflicts and disputes, and mutual development.Intervention and involvement in labor relations, the government should give full playto the role of the tripartite coordination mechanism, as the main body with thecoordination function, regulation, supervision and labor relations of both parties, andguide the trade union organization and the employer equal consultations andnegotiations. Workers and employers are closely related and common development,establish and perfect the functions of trade unions is not to fight against the workersand employers, but should actively with trade union action to mitigate, eliminate thecontradictions and disputes between the two, is the mutual development. The gradualimprovement of the organizational development of trade union organizations andemployers, the intensity and scope of government intervention should be reducedtimely and contraction, and ultimately the formation of labor relations the maininternal coordination, the moderate government supervision and intervention mode.