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The Criminal Law Protection of the Laborer’s Rights in Labor Process

Author: LiuBin
Tutor: HaoShouCai; ShiChaoTing
School: Henan University
Course: Criminal law
Keywords: workers labor rights the labor process the rights and interests of laborers self-help behavior criminal Rules and Regulations
CLC: D922.5
Type: Master's thesis
Year: 2013
Downloads: 1
Quote: 0
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Abstract


Work is the most common thing for social beings who engaged in social activities. It has experienced along developing process of the traditional formation of the relations of personal dependence to the modernlabor rights. In this process, the continuous strengthening of the awareness of workers’ rights makes theprotection of labor rights much more legal, and the right to work also plays a pivotal position in thepersonal rights, which constituted the free right to choose jobs and also the right to demand labor security.Labor rights, as something special,become protected by the law. Since then many countries follow suit,they have set up a series of legal protection systems, the behavior of violating labor rights and interests willbe convicted and punished. From then on, the criminal law start a formal involvement in labor rights. Themodern labor theory of criminal law is also developing on this basis, and provides useful theoreticalsupport for Criminal law protection for the rights of workers.The promulgation of "Amendment to the Criminal Law of the People’s Republic of China (8)" hasguaranteed the right of remuneration of workers. However, with the accelerating pace of social andeconomic transformation, labor relations is showing some new features.labor relations is increasinglycomplicated; interests is diversified, employment methods is more flexible ect. The tension of laborrelations makes the legitimate rights and interests of workers repeatedly violated, which occurred as adestabilizing factor of hampering economic development and social stability, and restricting the workers’creation.From current point of the adjustment function of legal system for social relationships, the laborcontract is entered into a period of equality between the employee and the employer, It is,in essence, a fairand equitable contract relationship. That workers enjoy the right and assume the obligations in the processof proving labor, presented on the surface of a mutually fair labor relations. While, In fact, It is not thecase. Under current market economic system, workers are in a relatively weak position. The labor contractsigned by workers and employers, formally embodied the basic principles of fairness, equality, autonomy,civil law, but the workers,as the labor party, can not forsee the employment system, labor way, laborremuneration and labor protection before the contract. Behind voluntariness, it is a serious imbalance between the worker and the information presented by the enterprise. The enterprise have more socialresources and strong economic strength, while workers just rely on providing labor to get the reward.Sowhen the enterprise violate the legitimate rights and interests of laborers, the difficulty of safeguardingrights and interests,for the employees, conceivable.For a long time, the society do not have enough understanding to criminal violations of the legitimaterights and interests of workers, resulting in the lack of protection of criminal law of the legitimate rightsand interests of laborers. Compared with the criminal law of protecting citizens ’right of life and property,the protection of workers’ rights obviously will have a good effect on bringing social fairness and justice.To protect legitimate rights and interests of workers will bring about the overall progress of the socialwelfare. It plays an irreplaceable role in highlighting social justice and fairness, and in safeguarding thefundamental interests of the broad masses of workers.China’s criminal law to protect the legitimate rights and interests of workers, compared with foreigncriminal law, is imperfect. The coverage of the protection of the legitimate rights and interests of workers inthe labor process is relatively narrow. The Criminal Law on the protection of the rights and interests oflaborers is just an extension of the protection of citizens’ personal rights, property rights and other interests.It does not conduct criminal regulation and make it serve as the special interests of workers in the laborprocess. Due to the absence of criminal law protection and low crime costs, The basic rights and interests ofworkers can not get effective protection, so it rises a serious of social problems such as workers get helpfrom private aid, which is the self-help behavior to protect their rights.. Criminal law, as a last relief way toprotect the legitimate rights and interests of citizens, should define more serious violations of the legitimaterights and interests of laborers phenomenon as criminal acts and include them in the criminal justice system,to protect the lawful rights and interests of laborers, resolve social contradictions and maintain socialstability. It can also creat a good environment for the development of economy and society, which is thedeep meaning of the criminal law of protecting the fundamental rights of citizens.

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CLC: > Political, legal > Legal > Chinese law > Labor Law
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