Public participation in the making of the labor contract law is
highly significant, says a commentary in Workers' Daily.
An excerpt follows:
The draft labor contract law was publicized on March 20 to
solicit public opinion. The general public have actively
participated in expressing their ideas. According to the Xinhua
News Agency, the working committee of legal affairs under the
standing committee of the National People's Congress received about
320,000 opinions within a week of publication.
The public gave broad attention to issues concerning the sphere
of application, shortening of labor contract, time limit of
probation period and compensation standard. They also raised a
series of issues that are closely connected to laborers' rights and
interests, such as default payments to migrant laborers. The public
hope these issues can be clarified and reflected in the law.
Frankly speaking, the law on labor contract cannot solve all the
current problems concerning laborers' rights and interests. But the
law-making process shows that the public have a deeper
understanding of the rule of law.
The work of law-making must be professional and precise. But to
invite public suggestions into the law-making process shows an
open, scientific and democratic attitude. Thus the process to
solicit public opinion is a process of education, a process to
foster and improve democratic awareness, as well as a process to
promote democratic and legal construction. The more the public
express their ideas, the better the educational effects are.
For example, some people suggest finding a balance between
citizens' labor rights and interests and that of employers. Some
suggest that the government's supervision responsibility should be
clarified in the law. Law-enforcement departments should be granted
more effective power. The rigidity of law enforcement should be
enhanced to protect laborers' legal rights and interests.
In a sense, the public's attention and participation in the
law-making process is even more significant than the law-making
itself.
(China Daily April 18, 2006)