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工会是由工人阶级组成的群众性组织,兼有政治属性及群众性,工会是国家政权的支柱,是工人阶级组织动员的体系,与党政机关密切相关,参与国家事务的管理,具有强烈的政治色彩;工会作为一个社团法人,维护职工的合法权益,参与劳资双方的劳资纠纷协商。而工会以不同于党政机关,企业以及职工的角色出现。概言之,工会应当是社团法人。但事实上工会除了社团法人的法律地位外,还拥有社会管理的权力。本文试从工会的双重属性出发,对工会的社团法人予以界定,并从应然和实然的角度来考察其现状,分析其成因,展开论述。
Trade unions are mass organizations made up of the working class. They are both political and mass. The trade unions are the pillars of the state power, the system of working-class organization and mobilization. They are closely related to the party and government organs and are involved in the management of state affairs. They have a strong Political union. As a corporate body, trade unions safeguard the legitimate rights and interests of employees and participate in the negotiation of labor disputes between employers and employees. The union is different from the party and government organs, enterprises and workers in the role. In brief, the union should be a corporation. However, in fact, the union has the power of social management in addition to the legal status of corporate legal persons. Based on the double attributes of the trade unions, this article attempts to define the legal personality of the trade unions and to examine the status quo from the perspectives that they should be possible and actual, analyze the causes and discuss them.