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Labor Laws Tilted To Protect The Principle Of "justice Values ​​inquiry

Posted on:2012-12-06Degree:DoctorType:Dissertation
Country:ChinaCandidate:S X MuFull Text:PDF
GTID:1116330335471844Subject:Basic principles of Marxism
Abstract/Summary:PDF Full Text Request
Target is committed to this paper:using the the Marxist theory of historical materialism Justice, to initially form the theoretical framework of the value of justice of Labor Law "tilt protection principles,", leading to more concern for protecting workers in practice and promoting contemporary Chinese society in the field of labor relations for the strong demand for the realization of justice.Based on this, to promote progressive ideas in the following studies:First, the background and focus on topics of significance, research status and trend analysis, based on some basic theoretical research, including:Analysis of Labor Law "tilt protection principles "the rationale and significance, grooming, visits and former Marxist Analysis of Justice and its protection of workers, summarized the science and value of the unity of Marxist historical materialism theory of justice, and that its critical perspective:capital doctrine of employment protection for workers ignored the labor system. This problem for the next start has done some groundwork necessary background and theory.Secondly, Marxist historical materialism theory of justice as a guide, one that the modern civil society of the workers "equal" protection embodied in the liberal conception of justice; second focuses on the (Western) Labor Law "tilt protection principle "is nothing but self-liberal conception of justice adjustment. Among them, the former than the latter played a role in the necessary background and bedding, as the latter is the inevitable logic of development of the former. In the (Western) Labor Law "tilt protection principles" just value "qualitative theory", the necessary requirement for the way of its implementation are, therefore, this followed from the basic theory of labor law and the specific effects of two aspects of the legal system (Western countries) Labor Law "tilt protection principle" to value the way of justice. Among them, the specific legal system is built based on the basic theory of labor law, but also the latter's specific and systematic. Finally, adhere to the Marxist theory of justice, as the field of labor law "tilt protection principles" aimed at the value of justice for the contemporary theory and practice of Chinese labor law services, so the end result is that this article on contemporary Chinese Labor Law "tilt protection principles "question the value of the plight of justice, causes and solutions, to the pursuit of our workers," tilt protection principles "of justice and the practical realization of the value exceeded. In addition, this also means the final concluding remarks on the paper to innovative ideas and shortcomings are briefly summarized.The first chapter, introduction, explain the main topics of the background and significance of the research status and trends, research ideas, research methods. Introduction to some key states. Chapterâ…¡, Analysis of Labor Law "tilt protection principles," the rationale and significance. First, labor law, "tilt protection principles," the meaning of the meaning and rationale for analysis of labor law that "tilt protection principles" has two levels, the legal basis of labor relations from the property. Secondly, the analysis of labor law "tilt protection principles," the legal meaning, manifested in two aspects:First, labor law from the private (public) law, a sign of separation and independence, and second, the protection of workers and workers the right to life amendment right to freedom.Chapterâ…¢, combing, inspection and former Marxist Analysis of Justice and its protection of workers. The main line of the worker protection issues, the main carding and Analysis on the West Justice and its historical evolution, but also briefly involved in the traditional Chinese conception of justice. Ancient Western conception of justice through the external nature (the universe) conception of justice to the inherent nature (rational) idea of justice and then to the historical evolution of theological conception of justice. Modern Western conception of justice is a liberal concept of justice, the theory of social contract theory and (personal) both utilitarianism, since then, freedom, equality and justice concept popular. Modern Western concept of justice, manifested as self-liberal conception of justice adjustment, the main theoretical basis of new social contract theory and (social) utilitarianism two, but in fact all kinds of conception of justice advocated the form of freedom, equality for corrected. Of course, there are some, such as modern Western and non-relativism rationalist conception of justice non-mainstream justice. Chinese concepts of justice are embodied in Confucianism, Taoism, School, Legalism the four basic pattern of this idea of justice, but the mainstream of the Confucian conception of justice is justice. Shang Yan essence, these non-Marxist conception of justice can be classified to the concept of a class of abstract justice. Protection of workers of which, the former justice of Marxism on the protection of workers experienced a sight to be excluded from equal protection to the protection of the gradually sloping rendering process, which were reflected in the ancient concept of justice, modern conception of justice, on the modern conception of justice.Chapterâ…£summarizes the science and value of the unity of Marxist historical materialism theory of justice, and that its critical perspective. First of all, that the capitalist system of wage labor the issue of whether rationality is at home and abroad on "Marx and justice" in the heart of the debate, and its analysis, summed up the pursuit of rational labor relations and labor freedom and comprehensive development Marxist theory of justice is the value orientation. Second, it analyzes the evolution of the Marxist theory of justice process, noting that evolution is actually unreasonable to expose the root causes of labor relations and real process. Based on the above two points, that adhere to classic Marxist writers from criticism of the revolution, the practice of the views and position, formed the basis of social production based on the science and value of the unity of Marxist historical materialism theory of justice to show the unreasonable fundamental change in labor relations, the survival of the workers, practice development and the fate of affectionate care, on the theory of justice has made a unique and significant contribution.Chapterâ…¤, Analysis of workers "equal" protection is a liberal conception of justice. First, the independence of modern civil society workers "equal" protection to provide a broad social context for analysis. Second, that workers "equal" protection is the liberal concept of justice, and the Marxist theory of justice based on its interpretation of sight.Chapterâ…¥, of the Labor Law "tilt protection principle" is the concept of liberal justice, self-adjustment of the results. First of all, that tilt protection for workers is a requirement of the times. Second, pointed out that the Labor Law "tilt Protection Principles" liberal conception of justice is the self-adjustment, and the Marxist theory of justice based on its interpretation of sight.Chapterâ…¦, based on the basic theory of labor law labor law "tilt protection principle" to value the way of justice. First, the analysis of labor law "tilt protection principles," the sense of substantive law, realized the value of the way of justice. Secondly, the analysis of labor law "tilt protection principles," the sense of procedural justice, the way value can be achieved.Chapterâ…§, based on the legal system of Overseas Labor labor law "tilt protection principle" to value the way of justice. First, the legal system of extraterritorial Labor History. Second, that labor law labor law system is "tilted protection principle" justice system to ensure value realization, and the main labor law of extraterritorial overview of the contents of the system, in which the typical extra-territorial countries and regions as an example.Chapterâ…¨of contemporary Chinese Labor Law "tilt protection principles," Issues of justice and values. First, the analysis of contemporary Chinese Labor Law "tilt protection principles," the plight of the just value of the problem, causes and way out. Secondly, the analysis of contemporary Chinese Labor Law "tilt protection principles," the realization of the value of justice and beyond.Conclusion section summarizes the purpose is to improve. Some of the papers summarized the main contributions:First, the method of innovation:mainly used in the initial formation of the Marxist theory of historical materialism, labor law and justice "tilt protection principles," the value of the theoretical framework of justice, and clearance on this basis of the Labor Law "tilt protection principles" just value of the one-sided theoretical shortcomings, in-depth of contemporary Chinese Labor Law "tilt protection principles" just value of the plight of the issue, causes, solutions, implementation and beyond. Second, some of the points of innovation:a variety of non-Marxist conception of justice is based on the most basic features of the deep root of the abstract theory of human nature, and thus ignores the protection of workers; Labor Law "tilt protection principles" embodied in the liberal concept of justice is based on the theory of self-adjustment of social utilitarianism and the new social contract; Labor Law "tilt protection principles" are the three common points of law school; contemporary Chinese Labor Law "tilt protection principles" embodied in socialism with Chinese characteristics justice. Identify areas for improvement in order to facilitate continuous improvement in the future:some arguments still need to strengthen; Some discussion needs further; still need to update some information. And so on.
Keywords/Search Tags:labor law "tilt protection principles", justice value, Marxist Theory of Justice
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