我国劳动基本权之完善
发布时间：2019-03-27 16:19
【摘要】： 劳动基本权是劳动法学领域的一项重要研究内容,越来越引起学界的关注。本文从宪法规范入手,将劳动基本权界定为宪法基本权利之一种,通过对劳动基本权的历史分析和比较分析得出当代劳动基本权内容体系的逻辑结构,并根据这一逻辑结构来分析当代劳动基本权内容的应然状态,进而检讨我国劳动基本权制度的现状,并对我国劳动基本权内容的设置和实现提出了建议。全文共分为四个部分: 第一部分,劳动基本权概念的厘定。文中先对各种不同的劳动基本权概念进行简要介绍,比较了各种概念的不同;然后从宪法规范入手,将劳动基本权界定为:劳动基本权是指一个国家或地区宪法和宪法性文件规定的公民的劳动权利及全部相关权利,是宪法基本权利之一种; 第二部分,对劳动基本权历史变迁的分析。劳动基本权的产生和发展受制于一定的社会条件,从它的产生到现在,劳动基本权制度的内涵发生了很大变化,主要体现在权利理念的转变、权利性质的融合和权利内容的丰富,现代劳动基本权制度以社会利益为本位、以实质正义为追求,所以,劳动基本权制度会表现出不同以往的逻辑内涵,正是基于这种新的内涵,文中总结出了现代劳动基本权内容体系的逻辑结构; 第三部分,对现代劳动基本权内容的解析。根据前文对现代劳动基本权内容体系逻辑结构的分析,文章指出了现代劳动基本权内容至少应该包括:处于核心地位的工作权;为保障工作权的实现而设的团结权、交涉权和争议权,以及社会权;顺应社会经济民主发展而生的经济参与权; 第四部分,劳动基本权的实现及反思。文中首先分析了基本权利的两种实现途径——法律途径和宪法途径,认为理想的状态应该是二者共同发挥作用,并且指出权利的实现在根本上还是取决于权利体系自身的完善,然后结合我国现行法律体系下的劳动基本权,反思了完善思路及建议。 通过全文的分析,本文得出结论:现代劳动基本权的内容至少应该包括工作权、团结权、交涉权、争议权、社会权和经济参与权,而我国目前的宪法仅对工作权和社会权做了规定,应该采取宪法修正案的方式增加团结权、交涉权和经济参与权,而对于争议权则可以先由普通法律确认、待条件成熟时再入宪,同时,为了保障劳动基本权的实现,还应尽快赋予宪法权利直接效力。
[Abstract]:The fundamental right of labor is an important research content in the field of labor law, which attracts more and more attention from the academic circles. Starting with the constitutional norms, this paper defines the labor basic right as one of the constitutional fundamental rights. Through the historical analysis and comparative analysis of the labor basic right, the logical structure of the contemporary content system of the labor basic right is obtained. According to this logical structure, this paper analyzes the content of contemporary labor basic right, and then reviews the present situation of our country's labor basic right system, and puts forward some suggestions on the establishment and realization of the content of our country's labor basic right. The full text is divided into four parts: the first part, the definition of the concept of labor basic rights. In this paper, various concepts of labor basic rights are introduced briefly, and the differences of different concepts are compared. Then starting with the constitutional norms, the basic right of labor is defined as: the basic right of labor refers to the labor rights and all the related rights of citizens stipulated in the constitution and constitutional documents of a country or region, and is one of the basic rights of the constitution; The second part, the analysis of the historical changes of labor basic rights. The emergence and development of labor basic right is restricted by certain social conditions. From its emergence to the present, the connotation of labor basic right system has changed greatly, mainly reflected in the transformation of the right concept. With the fusion of the nature of rights and the enrichment of the content of rights, the modern system of labor basic rights is based on social interests and pursues substantive justice. Therefore, the system of basic rights of labor will show a different logical connotation from that of the past. Based on this new connotation, this paper summarizes the logical structure of the content system of modern labor basic rights; The third part, to the modern labor basic right content analysis. According to the analysis of the logical structure of the content system of modern labor basic right, the article points out that the content of modern labor basic right should at least include: the right to work in the core position; In order to guarantee the realization of the right to work, the right of solidarity, the right of negotiation, the right of dispute, and the right of society; the right of economic participation to conform to the development of socio-economic democracy; the fourth part, the realization and reflection of the basic right of labor. In this paper, we first analyze the two ways to realize the basic rights-the legal way and the constitutional way, and think that the ideal state should be to play the role of the two together, and point out that the realization of the right still depends on the perfection of the right system itself. Then, combining with the labor basic rights under the current legal system of our country, this paper reflects on the ideas and suggestions of perfection. Through the analysis of the full text, this paper draws a conclusion that the content of modern labor basic rights should at least include the right to work, the right to unite, the right to negotiate, the right to dispute, the right to social rights and the right to economic participation. However, the current Constitution of our country only provides for the right to work and social rights, and the constitutional amendment should be adopted to increase the rights of solidarity, negotiation and economic participation, while the right to dispute can first be confirmed by ordinary law. At the same time, in order to guarantee the realization of labor basic rights, constitutional rights should be given direct effect as soon as possible.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.5
本文编号：2448344
[Abstract]:The fundamental right of labor is an important research content in the field of labor law, which attracts more and more attention from the academic circles. Starting with the constitutional norms, this paper defines the labor basic right as one of the constitutional fundamental rights. Through the historical analysis and comparative analysis of the labor basic right, the logical structure of the contemporary content system of the labor basic right is obtained. According to this logical structure, this paper analyzes the content of contemporary labor basic right, and then reviews the present situation of our country's labor basic right system, and puts forward some suggestions on the establishment and realization of the content of our country's labor basic right. The full text is divided into four parts: the first part, the definition of the concept of labor basic rights. In this paper, various concepts of labor basic rights are introduced briefly, and the differences of different concepts are compared. Then starting with the constitutional norms, the basic right of labor is defined as: the basic right of labor refers to the labor rights and all the related rights of citizens stipulated in the constitution and constitutional documents of a country or region, and is one of the basic rights of the constitution; The second part, the analysis of the historical changes of labor basic rights. The emergence and development of labor basic right is restricted by certain social conditions. From its emergence to the present, the connotation of labor basic right system has changed greatly, mainly reflected in the transformation of the right concept. With the fusion of the nature of rights and the enrichment of the content of rights, the modern system of labor basic rights is based on social interests and pursues substantive justice. Therefore, the system of basic rights of labor will show a different logical connotation from that of the past. Based on this new connotation, this paper summarizes the logical structure of the content system of modern labor basic rights; The third part, to the modern labor basic right content analysis. According to the analysis of the logical structure of the content system of modern labor basic right, the article points out that the content of modern labor basic right should at least include: the right to work in the core position; In order to guarantee the realization of the right to work, the right of solidarity, the right of negotiation, the right of dispute, and the right of society; the right of economic participation to conform to the development of socio-economic democracy; the fourth part, the realization and reflection of the basic right of labor. In this paper, we first analyze the two ways to realize the basic rights-the legal way and the constitutional way, and think that the ideal state should be to play the role of the two together, and point out that the realization of the right still depends on the perfection of the right system itself. Then, combining with the labor basic rights under the current legal system of our country, this paper reflects on the ideas and suggestions of perfection. Through the analysis of the full text, this paper draws a conclusion that the content of modern labor basic rights should at least include the right to work, the right to unite, the right to negotiate, the right to dispute, the right to social rights and the right to economic participation. However, the current Constitution of our country only provides for the right to work and social rights, and the constitutional amendment should be adopted to increase the rights of solidarity, negotiation and economic participation, while the right to dispute can first be confirmed by ordinary law. At the same time, in order to guarantee the realization of labor basic rights, constitutional rights should be given direct effect as soon as possible.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.5
【引证文献】
相关硕士学位论文 前1条
1 冯宇坤;公民劳动权的国家保障义务研究[D];大连海事大学;2013年
，本文编号：2448344
本文链接：https://www.wllwen.com/falvlunwen/laodongfa/2448344.html
