【作者】 郑玲敏；

【导师】 欧文福；

【作者基本信息】 西南大学 ， 政治经济学， 2008， 硕士

【摘要】 随着我国经济体制改革的深入与社会主义市场经济的建立和完善,改革开放二十多年来,民营企业获得了迅速发展,已成为我国社会主义市场经济的一个重要组成部分,地位也不断得以提高并逐步得到明确,不仅仅在企业数量上实现了飞速地增长,而且对国民经济发展和社会稳定所做出的贡献也是相当巨大的。然而,我们在充分肯定民营企业的积极作用并鼓励其发展的同时,也必须看到它在发展过程中在劳动关系方面所存在的许多不容忽视的问题。不可否认,目前民营企业劳动关系虽然在总体上呈现出稳定态势,但从现实情况来看,随着民营企业的蓬勃发展,民营企业劳动关系领域逐渐扩大,民营企业中的劳动关系问题也越来越凸现出来,并呈现加剧之势。尤其是目前及今后一段时期我国处于经济转轨和社会转型的历史性变革的关键阶段,也是社会矛盾凸显期和多发期,经济高速运行中各种社会矛盾和问题的出现使我国的民营企业劳动关系出现前所未有的紧张。劳动矛盾和纠纷显得更为复杂,民营企业主侵犯劳动者合法权益的现象日益广泛,有时候甚至发展成劳资冲突,以相当激烈的方式表现出来,且有愈发严重的趋势。这对充分调动劳动者的积极性和实现民营企业的稳定持续发展产生诸多不利的影响,继续发展下去,还会影响经济改革和可持续发展的目标和进程以及中国社会的稳定、公平与正义。而当今民营企业劳动关系问题主要是围绕着劳动者基本的劳动权益而展开的。这些问题所存在的一个根本原因,就是目前我国民营企业劳动关系调整体系仍然明显滞后于现实民营经济的发展需要,不能有效地发挥预防、调解、疏导和化解等作用,致使劳动冲突不能很好地解决在企业内部、化解在基层,冲突自然而然地就以非正常途径表现出来,可以说适应市场化的民营企业劳动关系调整体系目前基本上还没有完全建立起来。针对现阶段我国民营企业劳动关系失衡的严重现状,尽快构建起适应现阶段民营企业劳动关系特点的新型劳动关系调整体系日益显示其重要性和紧迫性,是现阶段民营企业内部迫切需要解决的且无法回避的最本质、最核心的基本问题。同时,加强民营企业劳动关系协调工作,维护民营企业员工的合法权益,大力构建和谐稳定的民营企业劳动关系,既是构建和谐社会的重要内容,又是构建和谐社会的重要基础和必然要求,对于民营企业自身的健康持续发展也具有极端的重要性。本文正是在意识到目前民营企业劳动关系所面临问题的严峻性而劳动关系调整体系的滞后性的基础上思考而形成的。本文在广泛研读国外企业劳动关系理论和国内外民营企业劳动关系调整研究的基础上,从我国民营企业产生与发展的基本状况出发,分析了目前我国民营企业劳动关系的基本特征以及存在的主要问题,并在此基础上,进一步剖析了问题产生的根源以及影响,同时对国外主要市场经济国家和国际组织劳动关系调整体系和模式进行了全面系统地概述,以期获得有益的启示,最后提出了现阶段我国民营企业劳动关系调整方式体系整体运行的基本思路、策略选择以及构建方式,并强调指出调整一定要围绕劳权保障来进行,同时还应充分发挥政府的主导作用。本文共分七章。第一章是文献综述部分,其主要是从国外企业劳动关系理论和国内外民营企业劳动关系调整的研究两个部分来分别进行综述;第二章是绪论部分,其主要包括研究背景、研究意义、研究方法、结构安排与研究思路和本文有关重要概念的界定等五个部分;第三章,主要描述了我国民营企业产生与发展的历程与现状,以及对我国的贡献;第四章是对我国现阶段民营企业劳动关系现状展开分析,其主要分析了我国民营企业劳动关系的基本特征和目前所存在的主要问题,并进一步论述了问题所产生的根源及其影响;第五章对国外主要市场经济国家和国际组织劳动关系调整体系和模式进行了概述,并从中得出了不少可资借鉴的经验和启示;第六章是全文的重点,深入系统地研究了现阶段我国民营企业劳动关系调整方式体系的构建,分析了调整的核心和体系整体运行的基本思路和策略选择,并从经济、法律、社会、伦理道德文化和管理等多维度、多视角对该调整体系进行了全方位地搭建;第七章是结论与讨论部分,其对全文做了一个概要的总结,并指出了本研究存在的不足之处和未来需要努力的方向。更多还原

【Abstract】 With the deepening of economic system reform and the establishing and perfecting of socialist market economy in our country, since more than twenty years of reform and openness, privately operated enterprise has developed rapidly, and has become one of important parts of market economics of socialism in our country, as well as, position of it has constantly promoted and been gradually clear and definite. Amount of privately operated enterprise not only brings about increasing at full speed, but also is contribution to economic development and society stability of privately operated enterprise very enormous.,However, we fully affirm the active effect of privately operated enterprise and encourage it to develop, at the same time, we must also be aware of a lot of problems of labor relation in the course of its development which can not be ignored. It is undeniable that, at present labor relation of privately operated enterprise shows a steady state in general, but from the view of the situation of the reality, with the vigorous development of privately operated enterprise, the area of labor relation of privately operated enterprise has gradually expanded, the problem of labor relation in the privately operated enterprise is becoming much more visible, and shows a exacerbating trend. Especially in the period of present and some days to come, in which our country is in the critical stage of historic transformation of economics and society, and social contradiction prominent and multi-stage, the appearance of various social contradictions and problems in the course of high-speed economic operation makes labor relation of privately operated enterprise in our country unprecedented nervous. The contradiction and dispute of labor show much more complex, and the phenomenon that the enterpriser of privately operated enterprise violates the legitimate rights and interests of worker is increasingly widespread, sometimes it even develops into the conflict between enterpriser and worker, and shows out by the very fierce way, meanwhile, the trend becomes much more serious. It brings lots of harmful influence to fully mobilize the enthusiasm of worker and bring about the stable and continuous development of privately operated enterprise, and continues to develop, influences to the goal and process of economic reform and continuous development and the stability and fairness and justice of our society as well.Nowadays, the problem of labor relation of privately operated enterprise mainly goes round the basic rights and interests of labor of worker to launch. One of the fundamental reasons of appearing these problems is that, at present, the adjusting system of labor relation of privately operated enterprise of our country still obviously falls behind the need of development of privately operated economy in reality, and can not effectively give play to the effect, which contains prevention、mediation、dredge、solution and so on, as a result, this causes that the conflict of labor can not be well resolved inside the enterprise and be resolved in the grassroots unit, and the conflict naturally manifests in the unusual way, so it can be said that the adjusting system of labor relation of privately operated enterprise which could adapt to the market basically has yet be established. In view of the serious reality of losing balance of labor relation of privately operated enterprise of our country at present, it increasingly shows the growing significance and urgency that we must construct the new-type adjusting system of labor relation which could adapt to the characteristics of labor relation of privately operated enterprise at this stage as soon as possible, and this is the basic problem of essentialist and core which we can not avoid and must urgently need to resolve inside the enterprise. At the same time, it is not only the important content of structuring the harmonious society, is but also the important foundation and necessary requirement of structuring the harmonious society, and it is of extreme importance of healthy and continuous development of privately operated enterprise, that strengthening the coordinating work of labor relation of privately operated enterprise, and safeguarding the legitimate rights and interests of worker of privately operated enterprise, and vigorously constructing harmonious and steady labor relation of privately operated enterprise.On the basis of being conscious of the severity of the problem which the labor relation of privately operated enterprise have faced with and delay of the adjusting system of labor relation at present, this paper is formed. On the basis of reading the theories of labor relation of foreign enterprise and the researches of the adjustment of labor relation of domestic and foreign privately operated enterprise widely, at the beginning of the basic condition of the origin and development of privately operated enterprise, this paper analyses the basic features and chief problems of labor relation of privately operated enterprise, and on this basis further analyses the sources and influences which these problems bring, at the same time comprehensively and systematically generalizes the adjusting system and mode of labor relation of foreign main countries of market economy and international organizations to look forward to obtaining some beneficial inspirations, at last, puts forward the basic train of thought of whole movement, choice strategies and ways of construction of the adjusting system of labor relation of privately operated enterprise nowadays, moreover, lays special emphasis that this adjustment must focus on the protecting on the rights and interests of labor to carry out, and government should also give full play to the leading role.This paper is divided into seven chapters. The first chapter is the section of summary of documents, which chiefly summarizes the theories of labor relation of foreign enterprise and the researches of the adjustment of labor relation of domestic and enterprise privately operated enterprise; The second chapter is the section of introduction, which chiefly includes research background、research significance、research method、structure arrangement、research thought and the definition about some significant conceptions; The third chapter mainly describes the course and condition of origin and development of privately operated enterprise, and the contribution to our country; The fourth chapter is the section of analysis of the conditions of labor relation of privately operated enterprise at this stage, which mainly analyses the basic features and chief problems, and discusses the sources and impacts which these problems produce; The fifth chapter is the section of outline of the adjusting system and mode of labor relation of foreign main countries of market economy and international organizations to look forward to obtaining some beneficial experiences and inspirations which we may use for reference; The sixth chapter is the focal point of this paper, which deeply and systematically researches the construction of the adjusting system, and analyses the core of the adjustment and the basic thought and choice strategies of whole movement of system, moreover, comprehensively structures this system in many-sides angles and visions including economy、laws、society、moral culture and management; The seventh charter is the section of conclusions and discussions, which makes a brief summary to the whole paper and pointes out the shortages and the direction in which this paper needs to make great efforts in the future.更多还原