Research On Legal System Of Collective Negotiation Subject

As the core of the labor relations system in market economy countries,collective negotiation system establishes the bargaining rules between labor and management,and through the application of such rules,labor and management sign binding agreements through mutual bargaining and compromise.Then greatly stabilized the labor,alleviate the social contradictions.The collective consultation subject system is the most basic and fundamental system in the collective consultation system.Our country although already on system of collective bargaining law,but for now,the subject system of collective negotiation research less,some problems such as lack of theory,legislation absence,it also makes the practice become a mere formality,collective negolation cannot play its proper role,so need to be further research and improvement.Based on the current situation of the collective bargaining subject system in our country,this paper will begin to expound the improvement of the collective bargaining subject system from four parts.First of all,give a general overview of the collective negotiation system,which is focused on an introduction to the different theories of collective negotiation subject to determine,and put forward their own point of view,on the basic of this article agree with collective bargaining labor main body “said the same”will be confirmed,the management subject to determine the applicable “portfolio theory”,the government as a special subject should apply “the modern theory of government function”.Secondly,it analyzes the current situation of collective bargaining in the legislative field,such as the lack of independence of trade unions,the absence of employers’ organizations,the ambiguous role of the government,and the imperfect provisions of rights and obligations and legal responsibilities of all parties.Then,in order to reasonably and effectively solve the problems existing in the collective bargaining subject system in China,the relevant foreign legislative experience is introduced.The establishment of the independent status of labor and capital,the clear role of the government,the rights and obligations of the subject and the provisions of legal responsibility of the subject have brought some help to the perfection of the legislation in China.Finally,on the basis of drawing lessons from foreign legislative experience and based on China’s national conditions,this paper puts forward some suggestions on perfecting the system of collective bargaining subject in China.For example,to ensure the independence of trade unions from employers,to establish employers’ organizations in line with China’s national conditions,to ensure the return of the role of the government,and to improve the rights and obligations of the parties,such as: to improve the representation of trade unions,to clarify the exercise conditions for employers to refuse to negotiate,to improve the obligation of information disclosure of employers and the obligation of honest negotiation of the parties;To strengthen the legal responsibility of both labor and management.To sum up,through the analysis of the defects in the legislation of our country,the various subjects involved in the collective bargaining is analyzed from several aspects,including negotiations main body of rights,obligations and legal responsibility,and improving Suggestions to build a collective negotiation system suitable to China’s national conditions,to break the predicament of reality in the collective bargaining,promote the development of collective bargaining system in China.