Further improve my country's labor legal system
July 03, 2019 09:26 Source: "Chinese Social Sciences" July 3, 2019 Total No. 1726 Author: Liu Jun Zhang Xiaoming

Since the reform and opening up,my country has successfully completed the transformation from the planned economy to the socialist market economy。"Plan for labor、Iron rice bowl、Lifetime System "removal and the establishment and improvement of the labor contract employment system,The legal adjustment of my country's labor relations has basically achieved compatibility with the socialist market economy。In the reform of the labor sector system represented by the employment system,Laws in many labor fields have been formulated and implemented in succession,Including: "Labor Law", "Labor Contract Law", "Employment Promotion Law", "Safety Production Law", "Professional Disease Prevention Law", "Mining Safety Law", "Trade Union Law", "Social Insurance Law", "Labor Dispute Mediation Arbitration and Arbitration Law", etc.。The legal system that adjusts labor relations in my country has been basically completed。

  bet365 Play online games

If the land contract system is a breakthrough in the reform of my country's rural economic system,So,The important breakthrough of the reform of my country's industrial economic system is the reform of the labor employment system。The establishment and improvement of my country's labor law standard system,Not only does it promote the labor contract、Labor Market Management and Employment、Collective consultation、Labor benchmark、Social Insurance、Comprehensive reform of the labor system and other labor systems,and reflect the connection between the reform of the labor field and the complementary economic bet365 Play online games system reform。The establishment and formation of the establishment and formation of my country's labor legal system,Determined the marking and characteristics of the special era of the special system of labor laws and regulations。

First,Promoting reform with the formulation of laws。A successful experience in my country's economic system reform and the construction of the rule of law,It is to promote the reform of the system through the formulation of the law。In 1986, the State Council promulgated 4 administrative regulations in the labor field at one time,Promoting the start of the reform of the labor employment system; the implementation of the Labor Law in 1995,Realized the labor contract system for all members,Breaking the state -owned enterprise、Collective Enterprise、Foreign Investment Enterprise、The ownership of private enterprises adjust the operation system of labor relations respectively; the promulgation and implementation of the Social Insurance Law,promoted the comprehensive establishment of my country's social insurance system。

2,The nature of "emergency" legislation。Due to the difficult task of promoting institutional reforms due to the legislation in the labor field in my country,So,The urgent need for the reform of the institutional mechanism often becomes the formulation of labor laws、The main motivation for promulgation and implementation。Although the law is promoted by social needs,Can improve the targetedness of the law and the current effectiveness,But this kind of "emergency" legislation,It will also weaken the stability of legal inherent and long -term effectiveness。

third,The labor legal system is basically complete and content cross、Repeat or lack coexist。After more than 20 years of Bet365 app download hard work,my country's labor legal norm system has been established and gradually improved,This is the basis for the rule of law in the labor field,It is worth fully affirming。However, due to the formation of the formation of the labor law standard system in my country,Cross the legal specification、Repeated inevitable,Even the blank spots of legal adjustment in some aspects。For example,The responsibility for economic loss caused by the employer due to the majority of the workers is liable for the employer、Labor contract liability liability for contracting, etc.。

fourth,Completion of the legal system structure and the inner logic system coexist in the inner logic system。We should think about,The content system of each labor law and the legal legislative purpose of the ministry,Whether there is a consistent inner logic main line; the content system composed of legal specifications,Whether the system has formed an institutional mechanism that can automatically play a role。In short,To enable a law to have a scientific and reasonable body structure,"Soul" with institutional mechanisms,There is still a large gap in the current labor law。

  Construct a harmonious labor relationship with high -quality legislation

The report of the 19th National Congress of the Communist Party of China pointed out,"Socialism with Chinese characteristics has entered a new era",Under the guidance of the purpose of "people -centered",The legislation of the labor field has established a higher goal、Update concept and more specific requirements。Build a harmonious labor relationship、Scientific legislation,Improve legislative quality,Forms a scientific and complete labor legal system and labor legal norm system,Basic requirements bet365 Play online games for building a country's general goal of building a socialist country with Chinese characteristics,It is also the focus and basic direction of my country's future labor legislation。

First,Further improving the legal system of labor is the basic requirement for the new era of socialism with Chinese characteristics。Socialism with Chinese characteristics has entered a new era,ushered in the bright prospects of realizing the great rejuvenation of the Chinese nation,But we must also soberly see the difficulties and challenges facing。Short boards in the field of people's livelihood、The arduous toughness of poverty alleviation、Unsatient development is inadequate、employment and social security problems、Promotion of income gap, etc.,All need to be solved through the improvement of the construction of labor legal system。New era of socialism with Chinese characteristics,The legal system and its theoretical support that requires Chinese characteristics。Established in New China、The people are the masters、On the basis of the leading position of the state -owned economy and come all the way, my country's labor legal system,Regardless of its institutional foundation and mode、generate development path、Institutional concept and adjustment method、Institutional system and actual effects,Both are different from the labor legal system of Western countries。This difference,not only reflects the characteristics of China's labor legal system,It has also formed the advantages of the legal system with Chinese characteristics。Currently through the improvement of the labor legal system,Not only can respond to the major concern of the report of the 19th National Congress of the Communist Party of China,And can condense and form the theoretical Bet365 app download system and standard system of socialist labor system with Chinese characteristics。

2,The needs of labor legal systemization。Scientific legislation requires the systemic and top -level design of labor law。Labor relations are a kind of social relationship involving extensive and complex,It needs to formulate different laws,Adjust them from different angles,Finally, the general goal of the effective adjustment of the law of the law。The formation of the labor legal system in my country,with a strong phase、The urgency of reform needs and the limitation of drafting the dominant department。So,The systemization of the labor law is improved,Several laws that clearly adjust my country's labor relations should be formulated,What is the role of each law in the labor legal system,How to coordinate and cooperate between specific labor legal systems,How to achieve the optimization of the structure of the labor legal system,How to form the logical main line of the labor legal norm system,It can be solved in the process of labor legal systemization。

  Scientific evaluation and comprehensive collation

First,Complete the effect of implementing labor law、Scientific evaluation。Scientific Labor Legal System,The top -level design that needs science,Under the premise of achieving effective adjustment of social relations,Improve the main system and supporting system。These are all issues that need to be analyzed by the implementation of legal implementation of the current labor legal system in my country。

Next,The concept of harmonious labor relations should be one of the basic value concepts of the improvement of labor legislation。In recent years,The situation where Chinese workers are in the weak position have been improved,The voices of building a harmonious bet365 Play online games labor relationship gradually enhanced。Further improvement of labor legislation,Need to transition from the tilt protection of workers to the direction of building a harmonious labor relationship,Consultation democratic procedures including major business decisions、Disclosure of business information、Support of social insurance, etc.。At the same time,Find a balance point between corporate social responsibility and social insurance benefits,Establish a social security system that is more sustainable and realizes social fairness。

Last,Under the guidance of the concept of systematic thinking,Comprehensively organize labor law。The improvement of the labor legal system is to improve the quality of labor legislation、The best path to achieve effective adjustment of labor relations。my country's labor legislation that needs to promote the reform of the labor field,It has strong practical pertinence and timeliness,However, there are also insufficient reflection of the development trend of future labor relations at the same time、Abstract of the principle of legal specifications、Different norms between law and law or even conflict with each other。In the social background of the system reform in the labor field in my country,Modify and improve labor law,Legislation of successful reform experience,Abolishment of outdated or adaptive labor law specifications,Make up the missing labor law specifications,Further clarify the fuzzy labor law specifications,Crossing、overlap、Conflict Labor Law Re -organized,It is an objective requirement for the establishment of a harmonious labor relationship in the new era,It is also improving the quality of labor legislation、Effective measures to ensure the legislative purpose of the labor law。

  (Author Unit: School of Economics and Law, Southwest University of Political Science and Law)

Editor in charge: Wang Ning
QR code icon 2.jpg
Key recommendation
The latest article
Graphics
bet365 live casino games
Video

Friendship link: Official website of the Chinese Academy of Social Sciences |

Website filing number: Jinggong.com Anxie 11010502030146 Ministry of Industry and Information Technology: Beijing ICP No. 11013869

All rights reserved by China Social Sciences Magazine shall not be reprinted and used without permission

General Editor Email: zzszbj@126.com This website contact information: 010-85886809 Address: Building 1, Building 1, No. 15, Guanghua Road, Chaoyang District, Beijing: 100026