1. The History and the Future of Labor and Employment Law
LIU Cheng
Shanghai Normal University

2. The Origin of Labor and Employment Law
Following closely the Constitutional Law, Labor and Employment Law is the result of industrialization. Without Labor and Employment Law, the labor relations would be master-slave relations, and industrialization process couldn't continue.
(1) Samilarity of the Origin of Labor and Employment Law and Constitutional Law
Bill of Rights in 1689
The Constitution of the United States in 1787
Industrialization, on the one hand, created more wealth which made it possible that the people could ask for more than living; on the other hand, made the goverment more powerful and then easier to suppress the people.

3. Health and Morals of Apprentices Act in 1802
Industrialization, on the one hand, created more wealth which made it possible that the people could ask for more than living; on the other hand, made the employers more powerful and then easier to suppress the employees.
(2) Special Causes of the Origin of Labor and Employment Law
Robert Owen's practice that treated apprentices better
Outbreak of a "malignant fever" caused most of the pauper apprentices to die
Dr Thomas Percival's investigation
Robert Peel's Bill

4. The Evolution of Labor and Employment Law
(1) Labor and Employment Law evolved with the development of industrialization.
Factory Law in 18th century
Trade Union Act in 1871 (NLRA in 1935)
Inspection Law
Democratic Participation
Human Rights Law
Labor Procedures
CSR, Co-employment and Joint-employment

5. Generally speaking, the measures of regulation has been increasing, while the strength of regulation swung with the development---deregulation and reregulation by turns.
(2) Technological revolution brings about redistribution of wealth and rebuilds the social structure, which often misleads the people to misunderstand the role of labor and employment law.
Rockfeller, Morgan & Carnegie replaced the ranchers...
Bill Gates replaced traditional manufacturing tycoon...
Such changes do not change the imbalanced labor and employment relations...

6. The Deregulation of Labor and Employment Law
The deregulation of labor and employment law in the past decades is the main cause of global economic downturn.
(1) Deregulation resulted in overproduction
Deregulation resulted in low wages- low consumption capacity, then under-consumption, which finally resulted in the imbalance of supply and demand, i.e., overproduction (Overcapacity is a notion of business administration; it shouldn't be used in the field macro-economy).

7. (2) Deregulation resulted in financial bubbles
The overproduction resulted from deregulation forced the manufacturers to give up manufacture and went in for financial speculation, which resulted in financial crisis in 2008, and continues to encourage financial speculations.

8. The Future of Labor and Employment Law
(1) Restructure of Legal System---Public law, Private law and Mixing law
Labor and employment law is hard to understand and accept under the current classification of public law and private law. On the other hand, both public law and private law are no more pure---the traditional private law has more elements of public law, and vice versa. Because there have
been more and more such party (quasi-public power) as employer. So there need to be a new system of concepts under the framework of three legal domains rather than two, and private law's hypothesis of equal parties needs an adjusting platform to secure.

9. (2) Reset of Goals
Goal of labor and employment relations---mutual benificial co-operation, equal sharing
Goal of macro-economy---balanced supply and demand (wage's ideal share or proportion)
Goal of legislation---two parties of employers and employees are equal as a whole (labor and employment relations are balanced by way of proper adjustment)
Goal of disputes settlement---all disputes can be solved or eased.

10. plus: new mechanisms to be created...
(3) Diversification of Mechanisms---comprehensive and coordinating mechanisms
labor standards,
collective bargaining,
democratic participation（works council, workers' repesentatives inside Board of Directors）,
human rights protection (child labor, forced labor and discrimination),
labor inspection,
mutual supervision between employers (CSR, shared liabilities),
special labor disputes settlement procedures (including special rules of evidence)
plus: new mechanisms to be created...

11. Thank you! (4) Direction of policy---reregulation
Considering the process of deregulation has been years, there should be a reversion.
Thank you!