Research On The Legal Issue Of Labor Security Supervision

Labor security supervision is a legal system which the country intervene regulate and criterion the labor relations by public power in order to achieve the goal of safeguarding the rights and interests of the workers. It use the name of our country to comprehensively supervise the implementing of the labor laws and regulations. The characteristics of labor security supervision are statutory, administrative, specific and mandatory. It produced because of an legal status imbalance between the workers and employers. Workers naturally in a weak position while the employers naturally in a strong position,which requires the government utilize the laws to balance them. Now along with the continuous development of the social economy, the labor relations increasingly turn to complication and diversification, the labor conflicts and contradictions increasing day by day, which not only generate a new challenge but also offer a new opportunity to our supervision system, requires us to reexamine the supervision system, and keep it continuous standardize, perfect and optimize.There are certain legal issues in our current supervision system, so it is not able to completely deal with the new demands arising from the social development. The legal issues specifically manifested in following areas. First of all, the legislation of supervision is not perfect, there are conflicts between the law articles; Secondly, the design of supervision system ’s subject is not rational, the legal status of the supervisory organs are low, so they can not guarantee the independence during their supervisory. Thirdly, the measures of supervision are not sound, lacking of preventive measures and necessary administrative coercion measures. Fourthly, supervision had a bad connection with other criminal justice relief and labor arbitration, so it can not guarantee full protection of workers. In the final, the legal liability of supervision is too light, especially lacking the relevant provisions of the liability for the main leaders of a employer.This paper use the labor law as the main research perspective, complementing by the administrative law as another research perspective, also use the comprehensive analysis and comparative analysis to demonstrate the supervision system. Through expound the basic theory of the labor security supervision system, reference the supervision system of ILO and other advanced countries in the world, combined the extraterritorial provisions and our legislative practice put forward several suggestions in perfecting our labor security supervision: complete the legislation of supervision, optimization of the subject system of supervision, strong the supervision means, link up supervision with other remedies, criterion the legal responsibilities of supervision. Through the improvement of labor security supervision system to balance the interests between the employees and employers, ease labor conflicts, to achieve the ultimate goal of establishing the harmonious labor relations.