The Study On The Administrative Law Of Trade Union Organization In China

In China,trade unions are the most powerful and influential social organizations,which own nearly 300 million members,and it occupies lots of administrative resources and is considered to be "the second government." From the point of view of administrative law,trade union in China is generally regarded as “social organization”.After further study we could find that the trade union might not be identified as general social groups and it is necessary to clarify its legal position from more in-depth discussion.People's organizations,represented by trade union organization will undoubtedly play an increasingly important role in social governance.Chinese trade unions,playing an increasingly important role in the theory of administrative subjects is necessary to more accurate outline: the trade union organizations exercising the executive power conferred by the national law are recognized as administrative bodies and when it exercises the social rights recognized by the articles of association are recognized as Social public power organization,the combination of the two legal subjects to form a special public authority.Correspondingly,the source of the public power of trade union organizations is embodied in two aspects: one is the empowerment from the state law and the other is the authorization from the internal norms such as the article.The compound of the power source means the regulation of the power operation and supervision should be complex.In fact,the norms of the power of the trade union organizations formed by the laws,administrative regulations,departmental rules,regulations and internal norms and other components of the system.And under the public power system of norms it also showed some distinctive soft features.Constraints on the operation of public power norms are not necessarily developed by the state organs,but also not entirely by the national coercive force to ensure implementation,but still through a variety of other modes of action play a practical role.The normative system of the public power of trade unions provides a good object for studying the role of soft law in the operation of social organizations.For the executive power and social public power exercised by the trade union organizations,it is necessary to expand the scope of administrative litigation,strengthen the judicial review of the public authority to promote the administrative organs,and make the judicial power to perfect the supervision of administrative power constantly.