Research On Labor Security Supervision System In China

With the further development of China's socialist market economy,under the domination of marketing,the market competition is becoming increasingly fierce.In order to pursue the maximization of self-interest,the employing units,as the ownership of the means of production,are often at the expense of the interests of workers to obtain higher profits,resulting in the contradiction between the two sides continue to escalate,but also the social contradictions intensified.As the main contradiction of China's labor market is still the oversupply of labor force,coupled with the natural disadvantaged position of workers,the rights and interests of workers whom have been difficult to be guaranteed are more difficult to maintain.Therefore,it is necessary for the state public authority to intervene and let the enterprises make concessions to safeguard the legitimate rights and interests of the workers.Our labor security supervision bureau of all levels as the supervisor of labor relations in the market,supervise and punish the violation of labor and social security laws and regulations,maintain the order of the labor market,safeguard the legitimate rights and interests of workers.As an inspector of labor security supervision,I find that there are still many problems in the practice.In writing this problem at present,combined with a large number of literature,I summarize some problems:The first is the conflict on the content of laws and regulations,especially the overlap of scope of the supervision of labor protection and labor dispute arbitration.The second is the imperfection of the system mechanism.The labor security supervision and law enforcement institutions is set up in the functional departments of local governments,thus the sources of finance and personnel appointment are constrained by the local government,inevitably under the influence of local protectionism.The third is that the labor security supervision and law enforcement system is imperfect.In practice,due to the lack of the corresponding management mechanism and supervision mechanism,the labor security supervision and law enforcement procedures are not standardized.Moreover,the lack of enforcement power tends to weaken labor security law enforcement.Labor security supervision institutions have no authority in the law enforcement,not trusted by workers,not cooperated by employers,so that the work of labor and social security supervision has been seriously challenged.Take a wide view of the labor security supervision work,the existing problems are similar and universal.Through deep analysis,the causes of these problems exist in the establishment of the labor security supervision system,coupled with the lack of emphasis on national labor security supervision work,the lack of adequate personnel and funding,unreasonable institutions and other reasons.Therefore,in order to solve the above problems,we must improve the labor security supervision system.First of all,speed up the construction of labor security supervision legislation.Make the object of labor security supervision clear In the content.Confirm the labor security supervision' s sphere of jurisdiction and the confirmation of labor relations.Reduce the time the labor security supervision department wasting on solving labor disputes.Improve the efficiency of law enforcement,and prevent the phenomenon of prevarication with the labor arbitration departments due to the repetition of the scope of accepting cases.Secondly,we should improve the system and mechanism of labor security supervision.From the transformation of government functions and the construction of service-oriented government,the role of government should be well positioned,and the functions of labor security supervision will be transformed into the function of supervision services.By establishing the management mode of authority under the leadership of the province,the law enforcement authority of the labor and social security supervision is relatively independent and the government decrees are unblocked,so as to avoid excessive dependence on local governments and affect the efficiency of law enforcement.Through the establishment of a multi dialogue mechanism and a joint conference system,with the help of the third party labor union,we will strive for the understanding,participation and support of the departments concerned in the work of labor and social security supervision.Thirdly,improve the construction of labor security supervision and law enforcement system.Strengthen the construction of the labor security supervision team.Improve the personnel,financial and material allocation.Establish and improve the supervision and evaluation system.Through the supervision of the labor security supervision institutions and supervisors from various aspects,improve the system and the efficiency of law enforcement,and establish a good image of the labor security supervision mechanism,so as to improve the authority of the law enforcement.Finally,establish a sound and scientific supervision model.By advancing the labor security supervision grids,the network construction work,the labor security supervision work the informationization,digital management,reduce the cost of labor security supervision institutions such as human,improve the effect of prevention and supervision of law enforcement.From the angle of administrative law,combined with my own experience,this article makes a comprehensive and practical analysis of the problems existing in our labor security supervision system,and puts forward practical countermeasures and suggestions.This article provides a large number of basic law enforcement data,and analyzes the impact of the latest policies on the work of labor security supervision,and achieves the organic unity of theoretical research and working experience.