On The Working Right--Realization Of Working Right In China

As a kind of new developing human rights, working right is attracting more and more interests from researchers of law science with its uniqueness. From the definition of concept of working right to the description of its nature; from the proof of content and value to the clarification of subject of working right; from the review of historical development to the realization of different countries and both the domestic and international protections. The scholars of our country have carried out deep and widely study in every aspect of above-mentioned working right. However, the ground research results in a fact that these scholars often establish their own systems with relative independent characteristic, which lead to divergence among quite a lot of questions in the field of working right. For instance, the concept of working right is divided into broad and narrow senses. If these two kinds of working right's concepts were not combined and interlinked, it will cause the theoretical contradictions directly, such as the definition of the subject of working right. In the writer's opinion, theoretical fusses might weaken the theory's guiding force upon practice and even produce some misleading. As a result, this article seeks a theory of common understanding and practical mode combining existent theories. Analyzing and integrating different theories of working right, this article is followed the clue from working right which ought to be to working right which is being, which is also the general theory route of studying rights. Paying attention to not only theory but also practice manifests the approach of this article. Therefore, this article consists of following structures. In the first part, it is the demonstration of the ontology on the working right. This is the general analysis on basic theory of working right, which forms the foundation of the whole article. The questions needing communication and dialogue in this part include concept, characteristic, subject and values of working right. The question of definition of working right comes from the different regulations between labor law and the constitution. With original intention of right declaration, constitution stipulates working right as one request right of working opportunity which is a kind of narrowly-defined working right. For the purpose of taking shape constitutional right, labor law stipulates working right not merely including working opportunity request right and various kinds of right related to work, therefore, this is a kind of broadly-defined working right. Those two concepts are not contradictory. From the scholars' arguments, this article draws out some characteristics of working right, which describe working right in different perspectives in order to sketch out the contour of working right, including that working right is not only legal right but also the ethical right; working right is not only right to existence but also the right to development; working right is both right and obligation; Working right is both individual human right and collective human right; working right is both passive and the positive. Another important problem needing analyzing is the subject of right in the first part that is the mostly confusing. This part divides the subject of working right into the subjects of right and obligation and then analyzes them separately. There is also the value of the working right which is divided into material and spiritual ones.In part two, the working right is considered in the perspective of history. Despite the fact that labor appears in early days of mankind history, it has not become the right which a laborer can exercise freely all the time until capitalism. Tracing its cause, firstly because of laborers having no personality independence, the separate of laborer and labor force, the lack of right consciousness, etc, but the mostly because of backward productivity. With history entering capitalism period and the rapid development of commodity economy, working relation has evolved from freeless relation to lease one...