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Research Article

중국 노동쟁의 처리의 특징과 갈등의 제도화 모색

장윤미

서강대학교 동아연구소

발행: 2004년 2월 · 23권 1호 · pp. 165-192
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초록

After the restructuring of the state-owned enterprises(SOEs) in the late 1990s, Chinese workers' collective resistance was rapidly increased in focus of the problems such as worker's unemployment, the expire of employment center and the delay of the wages. In correspondence, Chinese administration was felt some needs to control and manage labor in the circle of law. This essay aims at understanding on the characteristics of Chinese state's labor control. In order to do this it analyzes the Chinese state's ability for crisis manage and institution creation and the way of conflict's institutionalization. In reform periods, Chinese state's strategy was changed in the side of political control, that is mediating interest's conflict by the order and rule of law, not by traditional authority way. The goal of lawful co-opt is the construction of the labor's stability basis for the maintaining economic growth. However, the gap between rule and performance of law is so large, it is a question that how a restrict institutionalization will offer the law basis for the actual organizational power of workers.
키워드: 중국 노동쟁의국가의 노동통제중국 파업권제한적 법제화