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The Analysis of the Concept of Right to Work Leads to the Suggestion of Revising the Constitution

Author: WangXiWen
Tutor: ShenTongXian
School: Suzhou University
Course: Legal
Keywords: right to work human rights basic rights legal right legal duty
CLC: D912.5
Type: Master's thesis
Year: 2007
Downloads: 206
Quote: 0
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When the human history developed to the time of capitalistic society, the working class was under the exploitation and oppression of the bourgeoisie. the advanced machinery started to repel the worker, which caused the workers to be massive too much. So they jointly demanded the work right to avoid being unemployed and to obtain the survival requirement. At the same time, the ideologist thinkers of the natural law school and the ideologist thinkers of utopian socialism successively proposed and enriched the theory of man’s right to work, Under the pressure of the working people’s struggle and the universal thought of man’s natural right, the capitalist country transformed the natural right into legal right in the constitution.In theory, to work should be citizen’s legal right, regardless of the practice of the various countries’ constitutions, or right to work as the legal nature, taking the right to work into countries’ law is the reasonable choice. However, the "82 constitution" not only performed the right to work as a citizen’s basic right, but also emphasized that to work was a citizen’s basic obligation. I n theory, this viewpoint had the contradiction which couldn’t be solved. In practice, to work as legal duty caused many people to be in a dilemma. In the international society, the legal duty emphasized that the citizens should work, this was obviously different from the international pledges, which may be crime.Throughput analysis, recomposing the 1st section of the 42nd section in our country’s constitution was necessary.

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CLC: > Political, legal > Legal > UNIVERSITY > Labor Law
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