我国劳动基准法律制度研究
发布时间：2018-10-05 16:43
【摘要】：劳动基准法律制度着眼于保护劳动者的利益。在社会主义市场经济体制下,劳动者处于弱势地位。为了平衡劳资双方的不平等关系,保护弱者的利益,国家有必要制定法律。劳动基准法律制度正是这样一种法律制度。当前社会,劳动者利益受到侵犯的例子比比皆是。工资不发、随意延长工时等现象大量存在。这些现象集中反映出劳动基准法律制度还存在许多不足。因此建立健全劳动基准法律制度是保护劳动者的重要前提。 劳动基准法律制度通过对最低工资、工作时间和休息休假、劳动安全卫生以及特殊劳动者保护等的强制性规定,保护劳动者利益。我国劳动法律制度研究起步较晚,很多制度仍不健全。劳动基准法律制度同样如此。虽然我国宪法、劳动法、劳动合同法、工会法、就业促进法和最低工资规定等等一系列法律法规,对劳动基准都有所涉及,但因为种种原因,劳动基准法律制度并没有实现很好的社会效果。究其原因,主要在于劳动基准法律制度的立法、执法以及法律救济等方面的不足。在立法方面,我国没有一部独立的劳动基准法,劳动基准的立法层次太低,劳动基准制定不尽科学；在执法方面,集体谈判制度没有发挥作用,劳动监察职能没有到位；在法律救济方面,存在诉讼成本太高,对违法行为惩罚力度太轻等问题。这些不足,使法律的实施受到限制,劳动基准陷入了形同虚设的境地。 在市场经济条件下,特别是在我国加入WTO以后,资本主义的生产方式使我国的劳动关系变得越发复杂,劳资矛盾也逐渐突显。在借鉴资本主义国家经济制度的同时,我们也要借鉴与其经济制度相适应的法律制度。尤其是一些发达资本主义国家的经验,更值得我们总结学习。老牌资本主义国家英国在1802年就制定了《学徒健康和道德法案》,比我国劳动法制定早了近两个世纪。这些国家,诸如英国、美国、日本、德国等,都制定了比较健全的劳动基准法律制度。为我国建立健全劳动基准法律制度提供了宝贵的经验教训。 本文重点着眼于我国劳动基准法律制度的研究和完善,对比国外有关劳动基准制度的研究成果,结合我国现实生活中存在的问题,总结出我国劳动基准法律制度的不足,并在立法、执法、法律救济等方面提出完善意见。在立法方面,有必要制定一部独立的劳动基准法、提高劳动基准法律法规的立法位阶以及合理制定具体劳动基准；在执法方面,建立健全我国集体谈判制度、加强劳动监察执法力度；在法律救济方面,完善法律救济程序、加大对违法行为的惩罚力度。通过一系列措施,以期使我国劳动基准法律制度适应社会发展需要,跟上时代发展步伐,真正造福于我国劳动者。
[Abstract]:The legal system of labor standards aims at protecting the interests of workers. In socialist market economy system, laborer is in weak position. In order to balance the unequal relations between employers and employees and protect the interests of the weak, it is necessary for the state to make laws. Labor benchmark legal system is such a legal system. In the present society, there are many examples of workers' interests being violated. Wages do not pay, arbitrary extension of working hours and other phenomena exist in large numbers. These phenomena reflect that there are still many deficiencies in the legal system of labor benchmark. Therefore, the establishment of a sound legal system of labor standards is an important prerequisite for the protection of workers. The legal system of labor standards protects the interests of workers through mandatory provisions on the minimum wage, working hours and rest and leave, safety and health at work and protection of special workers. Our country labor law system research starts late, many systems are still not perfect. The same applies to the legal system of labour standards. Although China's constitution, labor contract law, trade union law, employment promotion law, minimum wage provisions, and so on a series of laws and regulations are related to the labor benchmark, but for a variety of reasons, The legal system of labor standard has not realized very good social effect. The main reason lies in the deficiency of legislation, law enforcement and legal remedy of labor standard legal system. In the aspect of legislation, our country does not have an independent labor standard law, the legislative level of labor benchmark is too low, the labor benchmark is not scientific, in the aspect of law enforcement, the collective bargaining system does not play a role, and the function of labor supervision is not in place. In the aspect of legal remedy, the cost of litigation is too high and the punishment for illegal acts is too light. These deficiencies limited the implementation of the law, and the labor benchmark fell into a virtual situation. Under the condition of market economy, especially after China's entry into WTO, the capitalist mode of production makes the labor relations of our country more and more complicated, and the contradiction between labor and capital becomes more and more prominent. While drawing lessons from capitalist countries' economic system, we should also draw lessons from the legal system adapted to its economic system. In particular, the experience of some developed capitalist countries is more worthy of our summing up and learning. Britain, an old capitalist country, enacted the Apprenticeship Health and morality Act in 1802, nearly two centuries earlier than our labor law. These countries, such as the United Kingdom, the United States, Japan, Germany and so on, have developed relatively sound labor benchmark legal system. It provides valuable experience and lessons for our country to establish and perfect the legal system of labor benchmark. This paper focuses on the research and improvement of the legal system of labor benchmark in our country, contrasts with the research results about the system of labor standard in foreign countries, and sums up the deficiency of the legal system of labor standard in our country by combining the problems existing in our country's real life. And in legislation, law enforcement, legal relief and other aspects of the improvement of advice. In terms of legislation, it is necessary to formulate an independent labor standard law, to improve the legislative rank of the labor standard laws and regulations and to rationally formulate specific labor benchmarks, and to establish and improve the system of collective bargaining in our country in the field of law enforcement. Strengthen labor supervision and law enforcement, improve legal relief procedures, and increase punishment for illegal acts. Through a series of measures, we hope to make the legal system of our country's labor standard adapt to the needs of social development, keep up with the pace of development of the times, and truly benefit our workers.
【学位授予单位】：江西财经大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D922.5
[Abstract]:The legal system of labor standards aims at protecting the interests of workers. In socialist market economy system, laborer is in weak position. In order to balance the unequal relations between employers and employees and protect the interests of the weak, it is necessary for the state to make laws. Labor benchmark legal system is such a legal system. In the present society, there are many examples of workers' interests being violated. Wages do not pay, arbitrary extension of working hours and other phenomena exist in large numbers. These phenomena reflect that there are still many deficiencies in the legal system of labor benchmark. Therefore, the establishment of a sound legal system of labor standards is an important prerequisite for the protection of workers. The legal system of labor standards protects the interests of workers through mandatory provisions on the minimum wage, working hours and rest and leave, safety and health at work and protection of special workers. Our country labor law system research starts late, many systems are still not perfect. The same applies to the legal system of labour standards. Although China's constitution, labor contract law, trade union law, employment promotion law, minimum wage provisions, and so on a series of laws and regulations are related to the labor benchmark, but for a variety of reasons, The legal system of labor standard has not realized very good social effect. The main reason lies in the deficiency of legislation, law enforcement and legal remedy of labor standard legal system. In the aspect of legislation, our country does not have an independent labor standard law, the legislative level of labor benchmark is too low, the labor benchmark is not scientific, in the aspect of law enforcement, the collective bargaining system does not play a role, and the function of labor supervision is not in place. In the aspect of legal remedy, the cost of litigation is too high and the punishment for illegal acts is too light. These deficiencies limited the implementation of the law, and the labor benchmark fell into a virtual situation. Under the condition of market economy, especially after China's entry into WTO, the capitalist mode of production makes the labor relations of our country more and more complicated, and the contradiction between labor and capital becomes more and more prominent. While drawing lessons from capitalist countries' economic system, we should also draw lessons from the legal system adapted to its economic system. In particular, the experience of some developed capitalist countries is more worthy of our summing up and learning. Britain, an old capitalist country, enacted the Apprenticeship Health and morality Act in 1802, nearly two centuries earlier than our labor law. These countries, such as the United Kingdom, the United States, Japan, Germany and so on, have developed relatively sound labor benchmark legal system. It provides valuable experience and lessons for our country to establish and perfect the legal system of labor benchmark. This paper focuses on the research and improvement of the legal system of labor benchmark in our country, contrasts with the research results about the system of labor standard in foreign countries, and sums up the deficiency of the legal system of labor standard in our country by combining the problems existing in our country's real life. And in legislation, law enforcement, legal relief and other aspects of the improvement of advice. In terms of legislation, it is necessary to formulate an independent labor standard law, to improve the legislative rank of the labor standard laws and regulations and to rationally formulate specific labor benchmarks, and to establish and improve the system of collective bargaining in our country in the field of law enforcement. Strengthen labor supervision and law enforcement, improve legal relief procedures, and increase punishment for illegal acts. Through a series of measures, we hope to make the legal system of our country's labor standard adapt to the needs of social development, keep up with the pace of development of the times, and truly benefit our workers.
【学位授予单位】：江西财经大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D922.5
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