【作者】 初继伟；

【导师】 冯彦君；

【作者基本信息】 吉林大学 ， 经济法学， 2007， 硕士

【摘要】 由于劳动者与用人单位之间实力分布不均衡,常常使他们之间的合作和竞争丧失公平性,因而为了弥补劳动者的弱势地位,劳动者民主参与权制度应运而生。其在保护劳动者的合法权益方面具有十分重要的现实意义。劳动者民主参与权制度是《中华人民共和国劳动法》中的一项重要内容,《中华人民共和国劳动法》中关于劳动者民主参与权制度的立法虽然体现了国际上的先进发展趋势,但也存在着一定缺陷。本文从对劳动者民主参与权的理论研究入手,并通过对其现实性的分析,提出完善我国劳动者民主参与权制度的现实必要性及可行性意见,旨在为进一步完善《中华人民共和国劳动法》中有关劳动者民主参与权制度的某些规定提出理论依据和具体建议。更多还原

【Abstract】 The democratic participation right of workers can be the law safeguard for the workers of non state-owned enterprises. Along to the economic system reform and the decline of the proportion state-owned enterprises, the social status of enterprise workers is on decline as well. If say in theory that the workers of state-owned enterprises are hosts, then in non state-owned enterprises, there is nearly no workers who think that they are the hosts of the enterprises. We should mention that because this colony can not get enough law protection, they could become powerless colony, because they can not share the right of walkout and the right of found a labor union freely, which both have been stated in International Covenant on Economic Social and Cultural Right. If we say that in the state-owned enterprises because the workers are hosts of the enterprises, so they do not need these rights, but when comes to non state-owned enterprises, these two rights are very important and very in common. Along to the increase of non state-owned enterprises, the participation right of workers is more important in the enterprises of our country.In the question of founding the modern enterprise system of Chinese style, the core question is the perfect of enterprise corporate governance structure. There are a lot of discussions between jurists and economics of our country. Within these questions, the most charming question is the enterprises governance participation of workers, which has interested many Chinese scholars. On the basic of the comparable analysis the workers participation of enterprises system of western countries, the author puts forward the workers participation of enterprises system of Chinese characteristics, and hopes to perfect the legislation of our country and guarantee the right of participation of enterprises of workers, and found the modern enterprises system which accords with market economics. This article talks about the democratic participation right of workers by three chapters.First, this article talks about the concept of the democratic participation right of workers. This article starts by the concept of the democratic participation right of workers, then joins with a idealized and standardization farther mode. The traditional Corporate Governance Structure conform the principle of shareholders, enterprises are just tool for shareholders to profit.“Enterprises’profit”is equal to“shareholders’profit”. The article eight of Republic of China Labor Law says,“according to the law, the workers take part in democratic manage in the way of the employee meet and the employee representative meet or other ways that is consult with the employers about this question”. Then comes out the advanced experience of America, England and Japan and other countries. The workers’participation of enterprises found as a system comes after the 20th century. Because the differences of legislative environment, economics and culture, the choice of enterprises father mode is different. Then this article sets forth he democratic participation right of workers of America, England, Germany and Japan, then sums up that the way of the participation of enterprises of advanced western countries is that the workers of the enterprises participate the enterprises by certain institutions or labor and capital contracts, the participation of workers, the inlet of workers’deputy and the shareholders’deputy. And this can effect the result of enterprises system. Then comes to the theory gist. They are enterprises’social liability, the Staff Stock Holding System, respect for people theory, Marx’s Theory of Alienation. The first part analysis the concept of enterprises’social liability, the characteristic of enterprises’social liability, and the development of enterprises’social liability. The second part analysis the concept and the development of the Staff Stock Holding System. The third part analysis the concept, the characteristic and the development of respect for people theory. The third part analysis the concept and the development of Marx’s Theory of Alienation.Second, this article discusses the analysis on practicability. The first part comes to the necessity of the democratic participation right of workers; then through discussing the implement of staff shareholder system and the workers’ congress system, this article discusses the possibility of the democratic participation right of workers.Third, on the basic of the analysis of the democratic participation right of workers of our country, this article puts forward the disadvantages and the defects of the democratic participation right of workers of our country, analysis the flaws of the democratic participation right of workers of our country. The perfection of staff shareholder system can push the workers to participate in the administrate of enterprises. Also can couple workers to enterprises. The workers vote out deputies, they participate in the administrate of enterprises. This can advance the positivistic of workers, and enhance the democratic participation right of workers. This article gives some suggestions. The suggestions are definitude of the contents of the workers’ congress system, the status of the workers’ congress system, the province of the workers’ congress system, the scope of the workers’ congress system, the liability of the workers’ congress system, and the relation between the workers’ congress system, the shareholders’meet, the directorate and the Supervisory Committees. Republic of China Labor Law accord with the tide of the protection of the right of workers of the word. Especially the contents of democratic participation right of workers, they are advanced. Through the study of democratic participation right of workers, this article aims to index the flaws of legislation, and makes out suggestions, hopes to do something for the perfection of the democratic participation right of workers of our country.更多还原