Research On The Legal Issues Of Overseas Labor Rights’ Protection In China

Under the background of the “Going Out” strategy and the “One Belt And One Road” initiative,the trade,investment and project cooperation between China and the rest of the world have gradually escalated.So the cross-border employment has become an employment trend in international trade.As the subject of cross-border employment that overseas labors have great benefits for both labor exporting countries and labor importing countries.On the one hand,it can fill the "vacancy" of human resources in the labor importing countries,effectively solve a series of economic and social problems such as the aging of the country;On the other hand,it also can reduce the employment pressure of labor exporting countries,increase the country’s foreign exchange reserves,balance the trade deficit and improve the living standards of the people in the country.Therefore,the host country and the home country have the motivation and obligation to protect the rights of overseas labors.At present,the international labor market is closely linked to international trade,international engineering contracting,international investment and many other fields.It provides a continuous power for international economic development.But it also makes the security situation of overseas labor rights more complicated.In reality,overseas labors face a variety of risks,and their specific rights are also affected.In the final analysis,it is the conflict of internal interests between countries that makes it difficult for overseas labor rights protection laws to realize their effectiveness.Taking legal system as the research center,this paper analyzes the status quo and deficiencies of overseas labor protection legal system from the international and domestic levels.Based on this,we closely focus on the theme of the “One Belt and One Road” initiative,In view of the actual plight of overseas labor rights protection in China,base on China’s national conditions,and puts forward innovative suggestions on the protection of the rights of Chinese overseas labors to ensure the safety of Chinese overseas labors.The first part is the practical issue of overseas labor rights protection.This paper introduces the status and connotation of overseas labors,then clarifies the main body of this study.In the next place,it analyzes the risks that rights of overseas labors working in foreign countries,and introduces the necessity of protecting the rights and interests of overseas labors.Finally,it through the protection of human rights,the protection of the rights of the weak people,labor economy,conflict of jurisdiction and state responsibility as the value basis of this paper,to evaluates the international and international legal systems for the protection of the rights of overseas labors.So,it can provide value references for the legal protection of the rights of overseas labors in China.The second part is the analysis of the international labor protection legislation system.At the international level,it analyzes the legal protection and deficiencies of overseas labor rights in international legal documents such as conventions,bilateral treaties,regional agreements and SA8000 social responsibility.At the domestic level,from the perspective of host country and home country,the overseas labor protection laws of representative countries are selected as the analysis object,so as to provide reference for China to construct the overseas labor rights protection laws.The third part is the status and legal problems of overseas labor rights protection in China.China has initially formed a legal system and government function system to protect the rights of overseas labors.However,the tort of the rights of Chinese overseas labors still happens from time to time.The reason is that there are different degrees of legal problems in international cooperation and coordination mechanism,diplomatic and consular protection system,domestic labor legislation and government management system,which makes it difficult to fully protect the rights of Chinese overseas labors.The fourth part is some reasonable suggestions about the legal protection of overseas labor rights.Legal protection of China’s overseas labor rights,should be guided by the concept of "One Belt And One Road" initiative and based on the national conditions of our country.Meanwhile,in consideration the legal system of domestic and international,then combined with four dimensions that the government,enterprises,society and individual to establish an all parties accept,multilateral cooperation,guided by justice,comprehensive protection for the principle of the legal system.Finally realize the rights of our country overseas labor rights are fully protected by the laws.