insert into eleTable(ele_id,par_id,tag) val-ues('1','0','example')
insert into eleTable(ele_id,par_id,tag) val-
ues('2','1','person')
insert into attTa-
ble(ele_id,att_name,att_value) val-
ues('2','contr','false')
insert into attTa-
ble(ele_id,att_name,att_value) val-
ues('2','id','Big.Boss')
insert into eleTable(ele_id,par_id,tag) val-
ues('3','2','email')
insert into textTable(text_id,ele_id,value)
values('1','3','chief@foo.com')
insert into eleTable(ele_id,par_id,tag) val-
ues('4','1','book')
insert into attTa-
ble(ele_id,att_name,att_value) val-ues('4,'id','123456')
insert into eleTable(ele_id,par_id,tag) val-
Fig. 4. The generated SQL sentence
Fig.6. AttTable
eU id |aU nant Ht valut |
► 2 cunlr fil™
2 и Bif Eori
4 id 123456
т Fig.5 EleTable
tiKt id J e-Le_i d 1 valui
К 1 ■3 ohiifl&foo COJl
__ г S JIML boo!;
eLe id Jpar_i d J La?
_L t □ «■X ДЛ-I Jil
2. 1 p-ersoD
3 2 1L1
4 1 Ъ-о Lr
5 4 fiUhd
Fig.7 Character Database
REFERENCES
1. Liam Quin. Extensible Markup Language (XML). URL : http://www.w3.org/XML/.
2. Rourret R. XML and Database. URL : http://www. rpbourret.com/xml/XMLAndDatabase s.htm.
3. Jagadish H. V., AL-Khalifa, Chapman A., Timber. A native XML database // VLDB Journal. 2002. № 11 (4). P. 274-291.
4. Kanne C. C., Morekotte G. Efficient storage of XML data // ICDE. Los Alamitos. IEEE Computer Society. 2000. 198-208.
5. Jeffrey F, Naughton J, Dewitt D. The Niagara internet query system // IEEE Data Engineering Bulletin. 2001. № 24 (2). P. 27-33.
6. Shanmugasundaram J. Relational database for querying XML documents : Limitations and opportunities. Proc.of VLDB. Edinburgh, Scotland, 1999.
7. Philippe Le Hegaret. Document Object Model (DOM). URL : http://www.w3.org/DOM/.
Fan Yong, Xiong Yue
Y^K 008.510
THE COUNTERMEASURES RESEARCH ON CONSTRUCTING HARMONIOUS SOCIETY OF CHINA
Constructing a harmonious society in China is another major theoretical innovation to promote economic and social development in the new century and the new stage. The key to build a harmonious society is to further integrate social forces, adjust interest rela-
tionship among members of the community, to minimize social conflict and achieve social equity. Harmonious social relation is a necessity of building harmonious socialist society; moreover, labor relation is the most common, most basic and most important so-
cial relation in current social and economic life. The harmony of the labor relation concerns not only the laborers' happiness and health, but it also concerns the economic development and social stability. I. The features of china's labor relation at this stage
Along with the continuous development of economic system reform, the establishment and development of China's labor relation has a significant change. Under the traditional planned economic system, the most obvious characteristic of China's labor relationship is administrative of the labor relations. The "administrative" demonstrates as follows: both enterprises and workers in labor relations have not been independent subjects of interest, the interests of both parties are represented by the government. Therefore, the regulation of labor relations is also mainly though government administration. The economic characteristic of labor relations has been neglected, while political nature of labor relations has been stressed on and paid attention to. Although there is very little conflict in labor relations, the businesses and workers lack in productive enthusiasm and initiative, with every employee eating from the same big pot of enterprise, and in turn each enterprise eating from the same big pot of the country, which results in the low efficiency of the community as a whole. Currently, China has preliminarily established a market economic system in line with the requirements of labor laws and policies as a benchmark to the management of the labor contract, collective consultation and collective contracts, labor dispute handling for the main contents of the labor relations adjustment mechanism, and forms its own characteristics.
1. The main status of labor relationship has established. The authority in employment and distribution for enterprise gradually expands, and the enterprise has already become one party of labor relation. Laborers have more rights in career choices and became the independent operators who have and dominate their own labor. In the labor market, laborer and enterprise, built labor relation via a two-way selection. Status and rights for both parties of labor relation are protected by law.
2. The establishment of labor relation has realized by contract. It's the formation and adjustment of labor relation and it's realized mainly by contract way. Its main manifestations are labor contract and collective contract. Labor contract is the employ meant contract which is signed by laborer and employer. Its basic function is to establish the labor relation. Collective contract is the one which is signed through the collective negotiation between the representative of labor union and employer. Its basic func-
tion is to make sure and implement the specific labor standards. And it's also used to adjust the labor relation. It will make the labor relation work well according to the legal norm. So to speak, the labor relation contract is the specific expression of legal the labor relation.
3. The operation of labor relation starts to realize the market-oriented. The process of labor relation's formation, operation and dispute handling will be adjusted by market mechanism. The rights and obligation of labor relation party is decided by both parties according to the market rules. Market mechanism's basic adjustment to labor source has begun to work. Meanwhile, government adjusts and controls the labor relation's normal running by making and implementing the national labor standard and labor dispute handling system.
4. The benefit of the main body of labor relation is gradually clear. In the past, the structure of the system was based on a balance of ownership, i.e. everybody was a master, and equal distribution of benefits. With the transfer into market economics, the old principles and methods have been broken. The management of the enterprise became a social class who has his own featured social status, powers and benefits. In contrast, the workforce quickly became an employed class who were different from the management. The enterprise and the workforce gradually formed a multi-interest relationship with identification of who was the dominant party. The overall interests of management and workforce were consistent, but conflict between individuals' interests arose, leading to a gradual increase in disputes.
5. The management of labor relation has developed according to the law. In recent years, China relations in the labor of building the legal system has done a lot of work, "Labor Contract Law", "Employment Promotion Law" and "Labor Dispute Mediation Arbitration Law" were introduced, for the harmonious labor relations, orderly, and norms and stable development of the foundation. However, at this stage, the Chinese legal system of labor relations is also not perfect, for example, although there is the adjustment of labor relations for individual labor contract law, but did not specifically collective contract law, and only the collective contract regulations.
II. The problems of China's labor relations
From the current situation, labor relation in China is harmonious and stable in generally. But also has some disharmonious factors:
First, in government-owned, collective enterprise and other ones which transfer from them, Labor Law has implemented well. Labor dispute is relatively less than before. Even if it came out, the adjustment
and dealing is not difficult because we have the foundation. But in non-public ownership system enterprise, especial in private enterprise, there are still major problems. For example, some labor-intensive industries like construction, shoemaking and dressmakers, still have serious problems, like skimp, default the salary of rural migrant workers. Some laborers' salary is even lower than the local lowest salary standard. Numerous laborers who work in non-public ownership system enterprises have no insurance. Some enterprises don't execute the special laws which protect the female and underage workers.
Second, the rate of labor contract signed is low; the labors' legal rights can't be guaranteed efficiently, especially the problem of disadvantaged labors' legal rights become outstanding. Some employers want to avoid the obligation to labors, so they don't built a written employment contract with employee when they establish real labor relationship, even deny they have real labor relationship when they have labor dispute. Due to the employer not sign the written employment contract with employee, it is difficult to make sure they have the real labor relationship. The rights of workers wages based on labor relations, to join trade unions and to participate in collective bargaining's right, the right of dissolve the labor contract to get the financial compensation, enjoy the social security's right and so on can't have effective protection.
Third, severe employment and re-employment situation has influenced the harmonious and stable labor relations. The employment pressure and the exceed demand for labor supply lead to employment competitive pressure among the employees. And also make some employers lower standards of the remuneration and working condition and even against the legitimate rights and interests of workers. The situation, to a great extent exacerbated the contradictions of labor relations. Meanwhile, the diversification of employment forms has also brought the complexity of labor relations. Flexible and diverse employment forms, such as Non-Full-Time employment, make us to establish a corresponding new form of labor relations and explore new method to deal with new forms of labor relations.
Forth, Labor groups vulnerable to social security are not sound enough. Employment of vulnerable groups refer to as the establishment of market economic system, the industrial structure and labor brought about by structural adjustment in the labor market at a relatively weak position of special groups. China's current job market vulnerable groups composed mainly of three types: laid-off workers, unemployed people and migrant workers in cities to make a
living. At present, migrant workers, as well as many flexible employment staff in the many of them do not participate in social insurance, labor rights and interests of workers cannot be effectively protected, the resulting social problems growing, the labor rights of vulnerable groups to protect the voice of the more to the more.
Note: China's social insurance system covers endowment insurance, medical insurance, industrial injury insurance, unemployment insurance, and maternity insurance. China's social insurance is not mandatory.
III. The countermeasures of constructing harmonious labor relation of china
The inharmonic factors mentioned above are the inevitable reaction of phased characteristics of the Chinese economic and social development; and these factors are also the problems we need to solve in the process of building a harmonious socialist society. According to the realistic situation, China should establish a stable and harmonious socialist new-type labor relations with good order, rational justice and mutual benefits from the following aspects:
1. Enterprises, especially the private enterprises should implement Labor Law, Labor Contract Law and other relevant laws strictly. It can be said that the promulgation and implementation of Labor Contract Law has played a very important role in perfecting the system of the labor contract system, establishing the rights and obligations of both parties, protecting the legitimate rights and interests of labors and building and developing harmonious labor relations. Therefore, we must fully implement current laws, perfect the system, strength the management and try our best to solve those problems that infringe laborers' rights seriously such as dismissing employees optionally, prolonging working time, overtime working without extra pay, bad working environment, difficult compensation of injuries, low wages, defaulting and deducted wages, and lacking social insurance premiums. Especially, we should focus on the implementation of regional and industry-based system of collective contracts which raise and expand the rates of signing collective contracts.
2. Strongly safeguard the labor rights and benefits of the disadvantaged group. Firstly, strength publicity and supervision to urge the employers sign labor contracts with the laid-off workers and farmer workers and establish legal labor relations in order to safeguard their legal rights and benefits. Secondly, enhance the training for laid-off workers who seek re-employment and improve the skills and capability of the disadvantaged group to increase their job opportunities. Meanwhile, based on the fundamental effect
СИСТЕМНЫМ АНАЛИЗ И МЕЖДИСЦИПЛИНАРНЫМ ПОДХОД В ИССЛЕДОВАНИЯХ
of labor market, the government should carry out some policies to guide and encourage the employers to hire laid-off workers. Moreover, the government should also open a consultative and informants' hotline telephone to offer them special service; at the same time they should enhance the supervision and solve the problems before they happed.
3. Establishing labor disputes processing system. First, China still needs to enhance the work of labor disputes arbitration and establish a multilevel and multichannel to solve the labor disputes. On the one hand, the company should further establish and perfect the labor disputes mediating committee, cultivate the quality of the mediating staff and increase the success ratio of mediation. On the other hand, a third level labor disputes network should be set up. The labor disputes mediation of the street and towns can be taken as the extension of labor guarantee and administrative department; this can solve the lots of labor disputes on the base and take precautions in the blade. Second, establish and perfect the system of labor dispute proceedings with Chinese characteristics. Labor dispute proceeding is an important part in labor dispute handling litigation and it's also the ultimate judicial relief channels for each party. With the market competition intensified, the disadvantaged labor groups highlighted the need to protect the interests and the weak in the relief of its rights affected by a number of conditions imposed on the use of litigation relief, therefore, it is necessary for their rights.
4. Strength triple negotiation, multi-coordination and establish multilevel coordination mechanism of the labor relations. At present, triple negotiation mechanism is an important method of mediating labor relations. This mechanism is in favor of exerting the effect of social democratic mechanism through social conversation, information exchange, common discussion and disputes processing. However, only depending on the triple negotiation mechanism cannot solve all the labor relations problems under the new situation. Therefore, it's pretty necessary to establish multilevel coordination mechanism of labor relations. Particularly, China's basic condition and system is different from developed countries, which decides that China's coordination mechanism should not limited in three parties but explore multilevel labor relations coordination mechanism with Chinese characteristics. Multilevel coordination mechanism doesn't only include the three parties of government, labor union and employer, but also the enterprises, and relevant labor relations coordinating department like the supervision, arbitration and court. In that case, it can reflect that the relevant coordinating departments are fulfilling their duties, connecting and coo-
perating with each other in order to put into full play in each stage of mediating the labor relations.
Note: Now, China's Labor Union is still an administrative-based organization. The extent of its role is still limited. To be truly representative of the collective rights of workers, China's Labor Union still has many legal issues and practical problems to be studied and solved.
5. Strengthen legal supervision. Further improve and perfect the legal supervision of Labor and Social Security system, to put the National People's Congress of legal supervision, the Political Consultative of democratic supervision, and social role of public supervision into full play, and enhance Labor Law, Labor Contract Law and other laws of supervision and checks to promote the implementation of labor laws and regulations. We should focus on labor supervision and standardization of operation of the monitoring mechanism, by establishing a payment of wages, rest and vacation, the contract changes in behavior, etc., so as to have fair and equitable labor relations in the orbit. We should strongly supervise the organization and construction of control system of labor relation management and expand the coverage of labor guarantee supervision in order to carry out a dynamic management. We should strongly supervise the adaptability and strictness of control system of labor relation management and make the labor security supervision control system can effectively cover all the enterprises and employers with labor relation. On this basis, we should establish rigid labor laws and regulations to punish the system of supervision of law enforcement and we should implement severe punishment on the phenomenon in which people don't abide by the law; the authority don't execute the law strictly or don't punish the people who break the law. Make sure that the development of harmonious labor relations becomes the common responsibility of society as a whole in order to lay a solid foundation of building a harmonious society.
Establishing harmonious labor relations is one of the goals in building the harmonious society, but reaching this goal is an integrated project. The whole society should strive hard for building a harmonious society. We should continuously increase the understanding and cooperation among producers, managers and constructors so as to actively establish a new stable labor relation with good order, rational fairness, mutual benefits and harmony; we should also try our best to realize the win-win labor relations and form a favorable situation which is developed and created by all of us.
REFERENCES 3.
1. Chang Kai. Theory of Workers' Rights. : China 4. Labor and Social Security Publishing Press. 2004.
№ 6.
2. Yang Yansui. Conspectus of New Labor Law. : 5. Tsinghua University Press, 2008. № 2. P. 174— 175.
Zhou Baomei. Generality of Labor Law : Qunz-hong Publishing Press, 2006. № 6. Zheng Shangyuan. The System and Concept of Labor Contract Law. : China University of Political Science and Law Press, 2008. № 3. Shi Hui. On the Construction of the Harmonious Labor Relations. Digest of Scientific Management, 2004. № 29.
Tao Yuchun, Xu Zhenning
Y^K 331.4:656.2
ANALYSIS ON EMPLOYEES' CAREER SAFETY OF RAILWAY TRANSPORT ENTERPRISES
Railway transportation is running in a particular line system, transportation technology organization has the "big linkage machine" feature, which needs Synergies by multi- sectional, such as vehicle, machine, engineering, and electricity sectors; for there are more "combined sectors" in transportation companies, and implicated lots of Production sectors. Therefore, Safety work has a relatively large difficulty. According to statistics, in 2006,there are 111 fatal accidents in railway enterprises, which caused 120 people
died, the number of accidents and deaths increased 39 and 42 more than the previous year , increased by 54.1 Percentage and 53.8 Percentage; in which lack of responsibility has caused 58 accidents and 62 people died, 22 more than the previous year, which increased 61.1 % and 55% (Ministry of Railways, 2007). We should pay sufficient attention to the issue of occupational safety on Rail transport employees. 1. The accident causal theory 1.1. The Causal Chain Model theory
In 1930th, W. H. Heinrich put forward the Causal Chain Model theory (also known as the Domino theory) first, that the occurrence of injury and death are caused by many inter-related reasons, and the result of a chain of factors, Namely is the occurrence of casualties is due to accidents, accidents are due to unsafe acts of human or mechanical, physical insecurity, human's unsafe behavior and unsafe state of objects is due to faults caused by human, People's shortcomings and mistakes originate from adverse social environment or inherent genetic factors. As long as taking away one of factors as followed, the genetic and social environment, people's shortcom-
ings, people's unsafe behavior and unsafe state, the incident, hurt, you can undermine the accident chain to prevent the accident. W. H. Heinrich also stressed that the central work for enterprise security is to remove people's unsafe behavior and unsafe structures of objects, and thus interrupt the process of accidents. In fact, the link between the dominos is random. The deficiency of the Domino theory is the absoluteness and simplify of the causes of accidents, and the too much consideration on the human factor. 1.2. The System Theory
System theory regards people, machinery and environment as a system (overall), Research the interactions on people, machine and environment, feedbacks and adjusts, and found the cause of accidents, reveals ways to prevent accidents. Representative is American Surry(J. Surry) in 1969 named Surry model. Surry model is a typical theory which analyzes accident causes according to human's cognitive process.
The model divides the process of accidents into 2 sections, the risk emergence section and the risk release section. These two sections themselves include a group of similar cognitive information processing, that is feel, awareness and behavior responsive. In the risk emergence section, if every segment of human's information processing is correct, the danger can be eliminated or controlled; on the contrary, it will lead to danger to operators. In the risk release section, if all the aspects of human's information processing are correct, although facing the emerged risk, the danger could still be avoided to release, and will not lead to harm or damage; Instead, the danger will be transformed into injury or damage.