Theoretical Analysis And Legal Guarantee Of Labor Rights

Theoretically to pay attention to harmonious labor relations practically forms a significant support for constructing harmonious social theory. The study for laborer's rights and interests in labor trade relations is an inevitable choice to correct improper rights allocation in practical labor relations and realize labor trade power equilibrium.Under the premise of insisting on analyzing issues by materialistic dialectic, analyzing issues on labor rights concept, basic situation on the arising and development of labor rights, value of labor rights, basic structure of labor rights, guarantee for labor rights by using methods of value analysis, historical research and study, systematical analysis and semantic meaning analysis. The dominant academic thought in this text: labor rights is a basic human rights. Labor rights is brought due to the change of industrial social, it's a developing and opening concept. Its arising , evolvement and transition and their abundance and increase of connotation concerned reflect the development of human civilization and social progress. The core viewpoint in the text is that labor rights is a basic human rights. Taking free rights for choosing occupations and aid rights for obtaining employment as core content, and with dual attributes of free rights and social rights, coagulating justice, free and tolerant value pursuit. The realization of labor rights is a changeable and complex process. The basic principle to be obeyed for guaranteeing labor rights is combining rights initiative with social activity. Guarantees of labor rights include legislative guarantee, executive guarantee, judicial guarantee and constitutional relief. There are six parts in the full text.Foreword includes three parts. The first is to approach the thesis theme, the issue background and basis for labor rights. The second is to expound theory meaning and practical meaning for engaging in the study by real situation of labor trade relations in the period of transformation. The third is to generally introduce academic thought, core viewpoint in thesis which depicting an overall blueprint for full text. The fourth is to give methods used for studying the theme.No. 1 chapter is the main analysis on labor rights. Trying to clearly explain the connotation, character and basic feature on labor rights by systematically carding labor rights theory. And making a detail analysis on the structure of labor rights at the same time.Taking free rights for choosing occupations and aid rights for obtaining employment as core content, labor rights is the general term for all due rights and real rights brought by labor or related to labor process, which enjoyed by laborer individual or its group. There are four parts for labor rights feature, i.e. comprehension, development, extension and conditionality of labor rights. Making a history investigation for the arising and development of labor rights in No. 2 chapter. Making analysis from economy, politics, thought source as a result of labor rights. To explain labor rights by history and expound the basic relation between labor rights development and human overall development.Rights as the systematical product for recording and consolidating existent civilization sequence, its arising and development are inevitably enslaved to the backgrounds of politics, economy and culture of the time. The factors for the arising and development of labor rights include: rights awareness awakening and rights culture developing are culture factors, the development of social productive forces relying on marketing economy system is economy factor, struggle of the working class is political factor. The arising and development of labor rights mean the improvement of laborer position, consolidation of human dignity and promotion of personal freedom. Nevertheless, the development of labor rights doesn't follow simple linear evolvement route. However the labor rights system develops, not meaning that the later labor rights arisen is more important than the prior one.Analyzing basic human rights character of labor rights and revealing the comprehensive attribute of free rights and social rights in labor rights in No. 3 chapter. Labor rights is a system remedy for labor variances under the value appeal for human existence and development, is a right for human in modern society, is a basic human rights. Labor rights raised to basic human rights is the expression of social improvement. Labor rights is human rights with compound character, meanwhile has rights attribute of free rights and social rights. In other words, labor rights is a basic human rights with dual attribute of free rights and social rights. Labor rights value is implemental and end values precipitated, coagulated and improved from labor rights arising and development under the background of social benefits conformity, social order reorganization, social living style changes since modern civilization. The implemental value for labor rights mainly expresses in the following: labor rights is a measuring line of economy benefits between the social economy winner and the weak, is a ethics standard on public rights evaluation in modern society, is a common yardstick of labor trade harmony. The end value of labor rights includes justice, freedom and tolerance.Making a study on the content of labor rights in No. 4 chapter. Taking two core rights of free choosing rights for occupation and aid rights for obtaining employment as basis, completely analyzing all son rights composing the labor rights under the dual attribute of free rights and social rights for labor rights.Approaching rights realization and guarantee for labor rights in No. 5 chapter. Combining the regulating experiences from nations with mature marketing economy, approaching guarantee actions for labor rights in view of system plan and judicial relief. The realization of labor rights is a changeable and complex process. The basic principle to be obeyed for guaranteeing labor rights is combining rights initiative with social activity. Guarantees of labor rights include legislative guarantee, executive guarantee, judicial guarantee and constitutional relief.