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Mine the third path : the miners' union

Author: XieQingQing
Tutor: JiaoHongChang
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Miner Union Freedom of Association Social order The maintenance function
CLC: D922.56
Type: Master's thesis
Year: 2011
Downloads: 59
Quote: 0
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Abstract


The frequent occurrence of mine accidents, long-term is not completely resolved, its impact is the core than against the right to life and health of citizens and the destruction of the social order. Mine accidents not only violates the right to life and health of the miners, family relations and social relations have also been associated with a certain degree of damage. China is in a critical period of social development, social class structure is undergoing dramatic changes, one of the miners is a social underclass, if they can not protect the smooth channels of expression of interest, it will seriously affect the stability of the social order, and association precisely help interest expression pathways. Powerful employers and regulatory government is in a weak position relative to the miners as the Labour party, is that one of the root causes of miners association and the right to not yet be fully protected, existing miners' union there is a serious dereliction of duty, and the absence of three extreme imbalance between the force to fight, which led to the economic interests of the right to life and health of the miners often let employers. The right to life in the Constitution is the highest value beyond all, protect citizens' lives and health course obligations of the modern constitutional state. Protection of freedom of association under the Constitution in accordance with the law, to improve existing miners' union, will help balance and coordination of the power of both employers and employees, the miners through the Associations force employers equal dialogue and negotiations, and the safe production of coal mine effective supervision and reduce the frequency of occurrence of mine, to protect the right to life and health of the miners, to promote long-term stability and economic development of the social order. From the perspective of the miners to freedom of association and explore to reduce mine countermeasures ideas, analysis of the miners 'union rights ineffective attempt to demonstrate the miners' union is able to achieve the maintenance function, reduce mine. Source of authority for this function means the freedom of association of the non-political, trade union organizations should play down the political color, to realize the protection of miners interests, overseeing production, reduce mine. In addition, the power of the trade unions in the development and growth of the same time, whether it will threaten social stability, the impact of the social order? Borrow on the theory of the relationship between freedom of association and social order, the argument at this stage of Chinese society from the four aspects conditional rely on the miners unions to strengthen protection for the miners, and the development of the trade union beneficial to reduce the impact of mining accidents of the social order, thus contributing to the stability of the social order.

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CLC: > Political, legal > Legal > Chinese law > Labor Law > Trade unions and the Democratic Management Act
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