劳动法学理论的新发展
发布时间：2019-06-15 14:05
【摘要】： 随着商品经济的发展,作为劳动法学的基石理论──弱者理论已经无法满足劳动法律关系变化以及法律发展的需要,劳动法学理论发展几乎停滞不前。作者认为于20世纪初诞生于西方国家的企业社会责任理论将修正和补充劳动法学原有的弱者理论。该理论虽然已经涉足我国公司法律体系,但是在劳动法学领域却是空白,本文探讨将该理论引入劳动法学并非没有必要。面对目前世界性范围内的劳资冲突加剧、劳资权利义务实际状态明显失衡的现状,本文以企业社会责任理论为切入点,阐述企业社会责任理论在我国劳动法学中的重要地位和作用,以推动劳动法学理论的新发展。并且,企业社会责任理论的引入,将促进我国劳动立法的改革、落实和完善我国的职工参与制度、提高我国的劳动标准与世界接轨、建立劳动公益诉讼制度等,以更好地保护劳动者的合法权益。同时,通过论证该理论,能够为构建社会主义和谐社会提供法学的理论支持。
[Abstract]:With the development of commodity economy, the theory of the weak, as the cornerstone of labor law, has been unable to meet the needs of the change of labor legal relations and the development of law, and the development of labor law theory has almost stagnated. The author believes that the theory of corporate social responsibility, which was born in western countries at the beginning of the 20th century, will revise and supplement the original weak theory of labor law. Although this theory has been involved in the corporate legal system of our country, it is blank in the field of labor law. This paper discusses that it is not unnecessary to introduce this theory into labor law. In the face of the aggravation of labor conflicts in the world and the obvious imbalance of labor rights and obligations, this paper, based on the theory of corporate social responsibility, expounds the important position and role of corporate social responsibility theory in labor law of our country, in order to promote the new development of labor law theory. Moreover, the introduction of corporate social responsibility theory will promote the reform of labor legislation in our country, implement and perfect the system of employee participation in our country, improve the integration of labor standards with the world, and establish the system of labor public interest litigation, so as to better protect the legitimate rights and interests of workers. At the same time, through the demonstration of this theory, it can provide the theoretical support of law for the construction of socialist harmonious society.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2007
【分类号】：D922.5
本文编号：2500275
[Abstract]:With the development of commodity economy, the theory of the weak, as the cornerstone of labor law, has been unable to meet the needs of the change of labor legal relations and the development of law, and the development of labor law theory has almost stagnated. The author believes that the theory of corporate social responsibility, which was born in western countries at the beginning of the 20th century, will revise and supplement the original weak theory of labor law. Although this theory has been involved in the corporate legal system of our country, it is blank in the field of labor law. This paper discusses that it is not unnecessary to introduce this theory into labor law. In the face of the aggravation of labor conflicts in the world and the obvious imbalance of labor rights and obligations, this paper, based on the theory of corporate social responsibility, expounds the important position and role of corporate social responsibility theory in labor law of our country, in order to promote the new development of labor law theory. Moreover, the introduction of corporate social responsibility theory will promote the reform of labor legislation in our country, implement and perfect the system of employee participation in our country, improve the integration of labor standards with the world, and establish the system of labor public interest litigation, so as to better protect the legitimate rights and interests of workers. At the same time, through the demonstration of this theory, it can provide the theoretical support of law for the construction of socialist harmonious society.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2007
【分类号】：D922.5
【引证文献】
相关硕士学位论文 前1条
1 黄倪;企业社会责任视角下劳动者权益保护研究[D];西南财经大学;2010年
，本文编号：2500275
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