| In order to overcome the prominent position of capital, overcome an individuallabor relation under attaching of labor contract, the worker united set up trade unionin succession. The trade union represents workers to collective bargaining withmanagement about labor condition, labor guerdon etc. Settle down by the form ofcollective contract, with strike end activity guarantee, this is the collectivebargaining system. In the western countries collective bargaining system is veryperfect already, and it is the main system to solve the relation between labor andcapital. Collective bargaining system is compared to "safe valve" that guaranteelabor relation harmonious development,"Penstock" that avoid a social turbulence,trade union implements "Life Line" of job. Collective bargaining is "societyinvention of greatness’’ that make confliction between labor and management normturn. The right is each worker to own or should own in the modern democraticsociety. However in China this system, no matter in the lawmaking level, theorylevel, but also in practicing level are all not perfect. Compared our countries actualcollective disputing circumstance is severity dislocated. How better to develop thesuperiority of this system, still worth thoroughly studying and researching.The article mainly includes four parts:Theoretical foundation: the collective bargaining system outlines. This part firstintroduced the concept of collective bargaining and corpus particular, corpus equal,the corpus double win, purpose particular these characteristics. After talking aboutthe pluralistic universe of collective bargaining system, concession curve, the3Fthree theoretical basis. Finally point out collective bargaining system for the social isgreat significance.Domestic problems: Our country collective bargaining system of historydevelopment and blemish analysis. First introduced collective bargaining systemdevelopment process in our country. Then point out now our country collectivelybargaining system exist that the related law contents is simple and the rank is low; the multilayer collective bargaining imperfection these lawmaking problem,collective bargaining corpus both consciousness shortage, govern function incollective bargaining isn’t clear, the responsibility of trade union hard competencecollective bargaining, unfair labor behavior of system isn’t perfect, the imperfectionthe right of strike and so on problem.Foreign experience: foreign collective bargaining development and itsenlightenment. This part first introduced foreign collective bargaining systemdevelopment process, embryonic, develop, mature stages and each stagegovernment’s main attitude to the collective bargaining system. After analysiscollective bargaining system of typical model national like USA and Japan. Finallyget out foreign collectively bargaining system to our country of enlightenment.System establishment：perfecting our country collective bargaining system ofthinking. At draw lessons from western national success experience and nations gothrough way of doing, combining concrete state of our country, to give suggestionabout collective negotiation system of perfect. Including the lawmaking of collectivebargaining system guarantee, consciousness guarantee of collective bargainingsystem, the govern position in the role of collective bargaining, the organization ofcollective bargaining guarantees(trade union),the regulations of unfair labor behavior,the activity of collective bargaining guarantees(right to strike)these six perfectsuggestions. |
