Study Of Labor Nomocracy Mode In China

"Mode" is the cognitive method of structuralism,which can be used to describe and explain complex phenomena hard to be restored,and is also one of the manifestations of modern thinking.After decades of planned legal construction,China's labor law has formed a legal system featuring integrity,generality and regularity,during which many legal elements experienced constant conflicts and transmutation in the generation and practice of labor law.To study various legal phenomena in the operation of labor law by means of “mode” is a necessary way to understand and understand modern labor law.The study of labor law model can help us to see the past,present and future of labor law in the complex legal phenomena,social relations and conflicts of interests.To study the mode of labor rule by law,we must have a deep understanding of the history of labor and labor law,because “history” and “culture” are the core embedded in "mode".In order to study the labor rule by law model of “China”,we need to find corresponding research samples to form the research category.Therefore,this paper creatively traces the history of labor law to human law to adjust the phenomenon of labor,and makes a comparison of “labor law mode” across 3,000 years.The evolution and generation of Chinese and western labor laws are divided into four stages with the specific social transformation--the transformation of labor patterns--as the time node.Their gestation period--middle ages and tang and song dynasties;The watershed of mode difference--industrial revolution and qing dynasty,and globalization and localization in today's world.In culture,the labor system,labor legislation has made the comparison and comb,in different periods of the form and structure of the labor relations labor comparative study the evolution of Chinese and western labor legislation mode,to sum up,the keywords of the western labor law model is: more power(right),economic profit,fighting type of labor relations,trade unions,collective bargaining;The key words of China's labor law model are one-way power,social governance tools,management-oriented labor relations,cooperative guilds,mediation and arbitration.After understanding the history and culture of China's labor law,we need to face up to the problem of “what is China's labor nomocarcy model”,namely the ontological problem of labor rule by law model.To explore the noumenon of labor rule of law mode,the construction and mechanism of labor rule of law mode should be clarified.However,based on different research categories and dimensions,different phenomena and laws can be found,and the labor rule of law model also presents different appearance.This paper comprehensively responds to this problem from two dimensions of the structure and mechanism of labor rule by law and from two aspects of the generation and operation of labor law.The author interprets the generation mode of labor law through the research viewpoint,legislative style and governance mode,and explains the operation mode of labor law through the operation of labor rights,labor rights and benefits.After labor law mode structure clear,must clear understanding to the labor law mode,there are many conflict from conflicts of law design within the labor law,such as: the conflict between legal culture and legal design,evolution type of empiricism and rationalism,construct the legislation pattern of conflict,the law of value pursuit internal conflicts,etc.;There are also conflicts between labor law and reality from outside of labor law,such as the conflict between the logic of “labor relations” and China's actual state of labor,the conflict between labor contract law and labor protection,and the conflict between “labor union system” and protection of vulnerable workers.These conflicts have been resolved in various ways in the labor practice,which is not only the resolution of the conflict,but also the mode of labor rule by law.These deconstructions come from the interpretation of labor law,the construction of “ harmonious labor relations”,and the operation of civil rules and administrative power.Since the labor rule of law model has conflict,and its conflict has been eliminated in the practice outside the law,it is necessary to reflect and criticize the labor rule of law model.This kind of reflection and criticism should be comprehensively examined,including both macro background investigation and micro connotation research.There are analyses of reality and predictions of the future.Both the content of the consideration,but also the method of the inquiry;It is not only a reflection and criticism of the labor law,but also a reflection and criticism of the “formalized rule of law”.This chapter discusses from two dimensions.On the one hand,it puts the reflection and criticism on the labor rule of law model into the larger reflection and criticism of The Times--namely,the reflection and criticism on modernity.On the other hand,by describing the connotation of the labor rule by law model and analyzing the essential relation between the labor law in the model and the actual phenomenon of labor,the content of the labor rule by law model is criticized.Just as we use postmodern thinking to criticize the modernity of labor law,the mode of labor rule by law,which is full of modernity,will eventually surpass it in post-modern thinking.