The Normative Analysis And Application Of Labor Obligation On Theconstitution Of China

China's current Constitution article forty-second paragraph first stipulates: "citizens of the People's Republic of China have the right and obligation of labor." This is the first to enter the labor obligations in our constitution text. For a long time, the academic circles of the constitutional code provisions of the labor obligations held a negative attitude, some scholars say the constitution should be abolished compulsory labor, not only that, moral or legal obligation of labor is also more controversial. Then in 1982 the Chinese Constitution why the provisions of the labor obligations? In the end the obligations of citizenship is a moral duty or both legal nature? Where is the duty? According to statistics, the world various countries constitutional law clearly stipulates the obligations of citizenship accounted for 12.6%, indicating that the voluntary labor is not only the constitution of our country original. Therefore, the study on the other countries labor under the provisions of the background and the practical operation, can also for the constitution of the People's Republic of China face labour obligations, correct understanding of the connotation of labor obligations provide theoretical and empirical reference.This paper systematically the constitution established civic duty to work the multicultural theory, from a constitutional protection of citizen's rights value goal of around the fundamental duties of citizens of the basic theory, civic duty to work norm as the main content. Paper is divided into four parts:The first part is the theoretical origin of the constitutional obligation of labor, under different ideology to establish different theoretical basis of voluntary labor and socialist countries adhere to the Marx's "universal voluntary labor" principle, in the production data to all of the system and for the social labor is the labor "for oneself, the planned economy country and citizen relationship similar to enterprises and employees, only everyone to participate in the labor, countries to grow, development. In the state of "s theory, the labor obligation has the legal compulsion in the state of the influence of Marx" s theory. The constitution of the People's Republic of China labor obligations to implement the theory of state enterprises, is the right way to handle the relation between state and citizen individual, the era of the long-term goal of the social change and the construction of socialism need makes labor obligations to develop new connotation;The second part is the specification of the constitution of the People's Republic of China on labor obligations analysis related labor obligations of the subject and the subject of the right to work, labor is the labor ability should fulfill the obligations, if not completely lost the ability to work; labor obligations not only has moral call function, and its reasonable connotation of the norms, without warrant refus does not participate in the employment, the state no responsibility to provide life support and care, but not always on behalf of the state to forced labor. Need to pay attention to the relationship between labor obligations and labor rights, the two reflects the rights and obligations of the principle of consistent;The third part for constitutional duty to work on the unemployment insurance system of our country review, to the obligations of the labor for the orientation of the unemployment insurance system reflects the countries for help in the transition period of unemployment there is no source of income, the voluntary labour requirements have the ability to work with people to obtained through labor students needs, so the unemployment insurance system is for the unemployed provide temporary relief, and claims for jobless actively obtain employment opportunities, or cancel the unemployment relief. The regulations on unemployment insurance efficiency is not high, resulting in the unemployment insurance system of our country implementation existed in the process of promoting re employment problem of loss of function, system for the supervision of the unemployed whether to seek employment opportunities, whether it is the problem of for non personal reasons to employment anti unemployment measures, still need to be improved, can learn from the legislative experience of Japan developed the unemployment insurance system, pay attention to the unemployment insurance legal system to promote re employment;The fourth part is the constitutional obligation of labor of the minimum living security system of examining minimum life guarantee is a kind of social assistance, to ensure that the living conditions of social groups with special difficulties, the voluntary labor requirements enjoy minimal assurance treatment in labor. Otherwise, the state suspended or cancellation of administrative supply. The "Interim Measures" social assistance provisions on labor employment has not been canceled with minimal assurance treatment of the full support of the demonstration, but caused controversy, should treat the dispute by the connotation of labor obligations. Minimum living security system there are still level is too low, the impact of the development of the possibility of recipients and need in preventing interest trust, enhance further detailed provisions on employment and self development ability.