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国际劳工标准问题与中国劳资关系调节机制创新研究:蜂农模型、校场模型和雇主钟模型

ISBN:978-7-5004-9117-0

出版日期:2010-10

页数:264

字数:275.0千字

丛书名:《中南财经政法大学青年学术文库》

点击量:9861次

定价:35.00元

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图书简介

A comprehensive study on the issues of labor standards and labor relations is very important.It has not only economic significance but also political significance.

In the recent 20 years,labor standards issues have expanded from domestic issues to international issues,from the public field to the private field.In the public arena,the developed countries advocated strongly that labor standards should be linked to international trade.In the private arena,the trend that the developed countries require the developing countries to qualify the third party certification is strengthening.The labor standards issues have the most impact on China.The reasons are as follows:First,labor standards aim mainly at the labor-intensive industries accounting for half of the Chinese GDP.Secondly,the sponsors of the private standards are mostly Chinese major trade partners.Third,China has a big effect in the global labor market.China should adapt to the times by improving labor standards,by doing this we could not only reduce international trade friction to create a stable international political and economic environment,but also conduce to a harmonious labor relations to create a stable domestic political and economic environment.Judging from the domestic sense,the domestic labor relations in recent years is not optimistic.Industry conflict and labor market failure both exist.Judging from the international sense,it is necessary to solve domestic problems with international perspective.

Researchers on international labor standards and labor relations have acquired fruitful achievements in their respective research fields.However,the study on regulatory mechanism in Chinese labor relations is still very rare.

Researches on international labor standards abroad have been roughly worked along three directions:1.Is unified labor standards necessary for fair trade and competition?2.Does the race to the bottom of labor standards existent?Should it be resolved through international cooperation?3.Should labor standards be linked to the rules of international trade system?Mainstream viewpoint is that it's not necessary for the unified standards,that the race to the bottom is not inevitable,that the trade sanctions should not be linked to labour standards.The labor standards should be independently solved as a country's endogenous variable.Moreover,improving labor standards would not do harm to a country's international competitiveness certainly.In China the study on labor standards is still in the initial stage.Most of the researches are static and normative ones,such as the historical researches of the labor standards,the legislative researches of the labor law and international trade law,the international trade researches relation with trade protectionism,and the researches of enterprise management related to competitiveness of the enterprises.Generally speaking,most of the Chinese scholars have a limited acceptance about labor standards.

Foreign scholars put forward some analytical framework about the theory of labor relations and developed management theory of labor relations.Furthermore,in west there are so many achievements about the conflict management of industrial relationship.In domestic there are still no breakthroughs and innovations in relative theories.Especially,for Chinese researchers there is a long way to go about how to use western models those aim to establish an effective mechanism to regulating labor relations.

The study object of this dissertation is labor relationship including the labor standard and the mediation mechanism.The research techniques include mainly institution analysis,comparative analysis,literature analysis and sample analysis.The research characteristics are following as multi-disciplinary overlapping,macro-and-micro uniform and standardized method combing empirical method.

The emphasis of this dissertation is how to optimize the adjustment mecha nism of China labor relationship and how to raise the labor standards.The full text is divided seven chapters,three parts:

The first part is“questioning”section,namely the first chapter.This chapter mainly elaborates the background,the significance,the approximate research condition of this research,as well as the range of study,the method,the viewpoint,the content profile and so on.Moreover,in this chapter the research frame is also to be introduced and some main points are put forward sunch as the labor relation is actually a game between employers and employees on the distribution of labor standards.

The second part is“analyzing”section.It contains three aspects:overseas analysis,international analysis and domestic analysis.Overseas analysis includes foreign theoretical analysis(ChapterⅡ)and foreign practice analysis (ChapterⅢ).International analysis is the fourth chapter(International Labor Standards).It is the intermediary in this dissertation.Domestic analysis is to analyze the domestic practice(chapterⅤ).The detail is as follows:

The second chapter is the literature summary.There are three kinds of theories about the research of labor relation:unneeded to reconcile,can't reconcile and may reconcile.Focus is on the last theory,and further summarizes it in four types:to control employees,to manage employees,to protect employees and to protect both employees and employers.

The third chapter studies the practices about overseas labor relation.The first section has analyzed the ideological foundation of overseas labor relation:new liberalism and the cooperation and the system foundation-tripartite mechanism.The second section has introduced the main features of the adjustment mechanism of labor relation in US and the other five developed countries,in order to understand the practice in the western.The third section has analyzed the relevant practice on the labor relation in the developed countries in Europe in which the labor relation mechanism is the most mature.Because Europe model is regarded as a model exam ple and China should learn from it.The forth section has analyzed the relevant mechanism of the labor relation in transition countries.First,the characteristics of cooperation under the government guidance are studied as following:the interest between employers is different,the trade union is lack of unity,the governmentled is less of power and the tripartite mechanism is weak.There are so many reasons.The first reason is that new economics needs decentralized and flexible conditions.The second reason is that the relation between economics and politics has not been deal well.The third reason is that there are confusions between political platforms and labor relations platform.The last reason is that it is lack of the object with a high degree unity on which the new cooperation depends.Second,the author analyzed the strong employment protection system from which China can learn more and found that the strict employment protection system would cause many adverse results.In the end,the models of labor management are summarized into the former East and the former Soviet Union model.In short,transition countries which want to promote economic and social development by imitating Western models through the establishment of an effective system of the labor market have the very different results.On the base of above,in fifth section the author gives the answers why the mediation mechanisms of the labor relations are different from place to place.One is the different economic infrastructure;the other is the different system.

The forth chapter analyzes the theory and practice of the international labor standards.Section one is the background of the issue.Section two is the development of labor standards in three stages.Section three is the analysis of the theoretical issues,and points out that the essence of the labor standards is the contradiction between the developed countries and the developing countries in economic infrastructure and superstructure.

The fifth chapter analyzes the specific issues under the dual pressure of the international labor standards and national labor relations in China.Section one is the analysis of the current state of labor relations in China:in the supply and demand market,recruitment and jobhunting are both in difficulties.In the job mar ket,the non-public economy and non-formal employment occupy an important position,but they are in difficult circumstances because of the lack of government support.There are many rent-seekers in Chinese enterprises.Chinese enterprises rank low in the global value chain.Section two is the status of labor standards in China.The nominal standard is not bad but the actual standard needs to be raised.The analysis of the rights and interests of farmer workers and the labor contract laws leads to that the labor standards of farmer workers are too low.It's unscientific for labor contract laws to regulate without distinguish the different types of labor relations.Section three argues three adverse effects of the low labor standards:worsening the economic cycle,reducing the efficiency of enterprise management,restricting the upgrading of industrial structure.Section four points out the macroeconomic and microeconomic impact of the high labor standards to China.Section five is about the feasibility for China to raise labor standards.The main ideas are that there is the space for rising wage levels in China,raising the labor standards would not aggravate the unemployment problem,the international competitiveness of China would not lose due to the effect of big countries,industries viscous,natural conditions and demographic effects.

The third Part is“solving”section.Countermeasures include domestic issues analysis(ChapterⅥ)and summary(Chapter Ⅶ).Three models in this part are the core content of this dissertation.

The sixth chapter is about the innovative mechanism to raise labor standards in China.Labor standards problem is the imbalance in labor relations.To improve the labor standards depends on innovating labor relations mechanism.First,on the base of the analysis of the traditional mechanisms the author boldly points out that the trade unions should to be limited and the method of government should to be improved.Whether in developed countries or in transition countries the existing methods of trade unions are ineffective.While the existing government means is a result of superstition to the western method.Later,the author gives the proposals to innovate the traditional mediation mechanisms and establishes two models:

The first model is“the employer's cost of abiding-not abiding law”model.In this model,the employers are divided into four types and the cost of abiding law is also divided into four types.Further the employers are divided into eight types.The author pointes out that a large number of employers still stay at the non-optimal zone because there are shortcomings in the system and puts forward the government's strategy which could urge employers to move to the optimal area.

The second model is“technology density-the extent of internality and externality”model.In this model enterprises are divided into four types such as fishing industry,farms,weak schools and powerful school.Different policy strategies should to be made according to various enterprises.

The section three in this chapter proposes how to innovate the labor relations mechanism and builds the labor trust system as“beekeeper model”.In this model,the author reveals why the supply of labor standards is inadequate whith eternality theory,and proposes to use the market methods to replace the government methods.

The seventh chapter is the summary and outlook of this dissertation which refines conclusions and points out the deficiencies in the study and the advice for further research.

In this dissertation,the main innovations are followed as:

Found the contents and essence of the labor standards,as well as the link between labor standards and industrial relations.

Expanded the theory of the labor relations mediation mechanisms and international labor standards.

Summed up the characteristics and the trends of the foreign labor relation's regulating mechanisms.

Researched the effect international labor standards have on domestic labor relations.

Proved the feasibility to improve labor standards in China.

Found a solution to the inadequate supply of labor standards with externality theory.

Established three models for a new type of labor relations mechanism.

In the end,I hope the study could be a humble way to practice in China's labor relations and an interesting thing to colleagues on this study.

Key words:Labor Standards;Labor Relations;Regulatory Mechanism;Institution Innovation.

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GB/T 7714-2015 格式引文
安增科.国际劳工标准问题与中国劳资关系调节机制创新研究:蜂农模型、校场模型和雇主钟模型[M].北京:中国社会科学出版社,2010
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MLA 格式引文
安增科.国际劳工标准问题与中国劳资关系调节机制创新研究:蜂农模型、校场模型和雇主钟模型.北京,中国社会科学出版社:2010E-book.
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APA 格式引文
安增科(2010).国际劳工标准问题与中国劳资关系调节机制创新研究:蜂农模型、校场模型和雇主钟模型.北京:中国社会科学出版社
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