民国时期工会法律制度研究

发布时间：2018-01-09 18:05

本文关键词：民国时期工会法律制度研究　出处：《华南理工大学》2011年硕士论文　论文类型：学位论文

【摘要】：我国工会法的产生在理论方面受三民主义以及西方马克思工会理论、韦伯夫妇社会主义工会理论和伯尔曼多元工会理论的影响,对工会立法中的政治价值、经济价值和社会价值非常注重;在实践方面受国际工会组织督促和西方国家立法的传播的影响,加之我国自身工人运动发展的迫切需要,民国时期工会立法势在必行。民国时期我国工会立法历程可分为三个阶段:1912年至1924年,工会立法初成时期,此阶段工会立法经历从无到有,1912年《暂行工会条例》第一次系统规定了工会的组织条件和审批程序,工会的职务和监管,工会会员、职员、会费及工会财产的保护措施等,对工会的法律规制初步形成,1924修订《工会条例》扩大了工会会员的范围,扩大了工会的职责权利并提高会费并加强工会财产的保护。1925年至1942年工会立法的发展时期,这时期通过不断发展,工会立法上升到国家法立法层面,1929年《工会法》的颁布标志着工会立法进入新的阶段,该部工会法提高了工会的设立门槛,增加了对工会团体协约权和罢工权的限制,增加了工会、工会职员及会员的行为禁止条款,同时扩大了主管机关的权力。可见这一时期工会立法的重心已从赋予和保护工会权利向限制工会权利转移。1943年至1949年,工会法进入嬗变时期,短短几年颁布了三部《工会法》。这时期立法的嬗变反应当时南京国民政府对发展工会组织的迫切要求。此时工会立法更加成熟,工会法律规定更具体,并增加了总工会和联合会的规定。同时,民国时期工会法在立法过程中呈现立法目的多样性,立法超前性和波动性等特征。民国时期工会法中最重要的内容莫过于对劳工结社权、团体协约权和罢工权的规定了,本文重点对民国时期工会法律规范中此三者权利的实践进行研究。劳工结社权是工会组织和进行一切活动的基础;团体协约权是工会维护工人权利的重要方式;罢工权则是保障工会各项权利得到尊重的重要手段。
[Abstract]:The emergence of trade union law in our country is influenced by the three people's principles, the Western Marxist trade union theory, the Weber's socialist trade union theory and Berman's multiple trade union theory, and the political value of the trade union legislation. Economic value and social value are very important; In practice, influenced by the supervision of international trade union organizations and the spread of legislation in western countries, in addition to the urgent needs of the development of China's own workers' movement, trade union legislation during the period of the Republic of China is imperative. During the period of the Republic of China, the process of trade union legislation in China can be divided into three stages: from 1912 to 1924, during the initial stage of trade union legislation, trade union legislation experiences from scratch to existence. In 1912, the Provisional Trade Union regulations for the first time set out the conditions for the organization and approval of trade unions, the duties and supervision of trade unions, members of trade unions, staff members, membership fees and measures for the protection of trade union property. Preliminary formation of the legal regulations on Trade unions the Trade Union regulations were amended in 1924 to expand the scope of trade union membership. The rights and duties of trade unions were expanded and membership fees were increased and the protection of trade union property was strengthened. The period of development of trade union legislation from 1925 to 1942 was a period of continuous development. Trade union legislation rose to the level of national law legislation. In 1929, the promulgation of the Trade Union Law marked a new stage of trade union legislation, and the Ministry Trade Union Law raised the threshold for the establishment of trade unions. Restrictions on the rights of trade union groups to treaty and to strike have been increased, and prohibitions on the conduct of trade unions, trade unionists and members have been added. At the same time, the power of the competent authorities has been expanded. It can be seen that the focus of trade union legislation in this period has shifted from giving and protecting trade union rights to restricting trade union rights. From 1943 to 1949, the Trade Union Law entered a period of evolution. In just a few years, three trade union laws were promulgated. The evolution of legislation in this period reflected the urgent need of the Nanjing National Government to develop trade union organizations. At that time, trade union legislation was more mature and trade union laws and regulations were more specific. At the same time, during the period of the Republic of China, the trade union law presented the characteristics of diversity of legislative purpose, legislative advance and fluctuation, and so on. The most important content of the trade union law in the Republic of China was the regulation of the right of labor association, the right of association and the right to strike. This paper focuses on the practice of these three rights in the legal norms of trade unions during the period of the Republic of China. The right of labor association is the basis for trade unions to organize and carry out all their activities; Group treaty right is an important way for trade unions to protect workers' rights. The right to strike is an important means to ensure that trade union rights are respected.
【学位授予单位】：华南理工大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.5;D929

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