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立法本质上就是不同价值的博弈、权衡和选择的过程。法律作为价值载体,体现着不同的价值理念、不同的价值期望以及相应权利义务的分配,并左右着立法过程和法律的实施。1935年,在瓦格纳法的立法过程中,美国工会、企业界和政府三种力量的不同立法价值之间的博弈,造就了美国劳资关系法律制度变革,其中有三个重要的制度性突破:一是初步构建了劳资之间在组织力量对抗上的大致均衡;二是劳资集体谈判的合法有序;三是在工会组织内部实现工会的多元化竞争。这些劳资法律制度的创新实现了对秩序、效率和正义实现的不同诉求。
Legislation is essentially the game of different values, the process of weighing and choosing. As a value carrier, law embodies different values, different values and expectations, as well as the distribution of corresponding rights and obligations, and controls the implementation of the legislative process and law. In 1935, during the legislation of Wagner’s law, the game between the different legislative values of the three forces of the United States trade unions, the business community and the government resulted in the reform of the legal system of the labor-capital relations in the United States. Among them, there were three important institutional breakthroughs: First, The initial balance between employers and employees in the confrontation of organizational power has been basically established. The second is the lawful and orderly collective bargaining of labor and capital. The third is to realize the pluralistic competition among trade unions within the trade union. The innovations in these labor-capital legal systems have achieved different demands on order, efficiency and the realization of justice.