China’s Trade Union System and Its Reform and Perfect
|School||Central China Normal University|
|Keywords||the right of association trade unionism system defects reform measures|
Since the reform and opening up, China’s market economy is increasingly developing more rapidly and more deeply, social stratification appears inevitably at the same time. During the process, government and society pay too much attention to the pursuit of economic interests. As a result, labors’legitimate rights and interests are violated now and then. During the process of social transformation, diversification of social interests has marked the age imprint. In such a complicated background, all kind of groups are equal to find proper channels to protect their legitimate and reasonable interests. In the multiple and complex structure, it is lack of practical and effective for relying on a single public authority to manage and resolve various conflicts of interests. The right of association is such a way to innovate and improve the social management. Free、legitimate and rational association can play a role on society’s self-regulating、self-grooming and self-improvement, it is a necessary and effective supplement outside of the government management.Trade Union is such a independent social organization based on the freedom of association under the background of the overall interests of the representation of workers. There is no reason to raise high expectation for Trade Union to play its function under the background of globalization, industrialization and urbanization. But in the reality of China’s community, because lack the basic features of independence and non-governmental, Trade Union gradually becomes a "government union" or "boss union". The reason why trade unions are ineffective during protecting workers’legitimate rights is that there is deep historical background and complex reality in law system itself. To analysis the system of trade union and find out the inner cause, the best and most scientific way is to study the right of association. There is a natural connection between the trade unionism and the right of association, and the right of association is a fundamental right defined by constitution, is the upper right of trade unionism. In this sense, the right of association is the prerequisite and basis for trade unionism, and trade unionism is the application of the right of association in real society. Based on the close ties between the right of association and trade unionism, in order to reform and improve the present trade unionism law system, undoubtedly it is needed to study the right of association.This paper contains four parts. The first part discuss that the right of association is the legal basis of trade unionism, introduces the connotation and extension of the right of association and trade unionism, demonstrates the inner relationship between the right of association and trade unionism. The second part describes the historical evolution of trade unionism, including the legislative history and developing history, trying to find the historical tradition of trade unionism. The third part discusses the reality of China’s trade union, summarizes the major problems of trade unionism and analysis the main reasons. The forth part is the analysis based on part three, then give some reasonable measures against systems defects of trade unionism.