Constitutional Analysis On Security Of Citizens Right To Work

What are important in modern constitutionalism in the twentith century are economic, social and cultural rights, which are requiring active intervention and guarantee by the government. Right of labor is of the first priority. Because of particular situation in China, social development undergoes a different way from other western developed countries. Especially China now is changing from the planned economy to socialist market economy, protection of right to work varies accordingly. This dissertation makes probe into the methods and ways of protecting citizen's right to work from the standpoint of constitutionalism, aiming to help in the study on human rights in socialist market economy.一For a long time in human's history, people's requirement to work had not been termed by right. As a basic right, development of right to work roughly has five historical stages.As the basic right of citizen, right to work is a bound of rights rather than a single right, representing a collection of combined rights concerning jobs or labor. Traditional theory of right to work is related with the planned economic system and cannot meet the requirements of socialist market economy. Combining different theories about the nature of right to work from abroad and at home, referring to legislations and social practice in China, the author argues that, in market economy the right to work has four aspects, including the right of employment as the core and basis, right of freedom to choose and accept jobs, right to have standard working environment or above and social security rights.It is held that right of labor has two folds of nature, i.e., right of freedom and social right. Although these two aspects of right to work are of different nature, it is necessity to combine them together into one system of right to work in such a special historical stage of China. 二In traditional planned society, assurance of right to work relies mainly on governmental security, manifested by the highly centric employment system in which jobs were assigned by the government, nationally unified salary system and social security system. New labors in the cities and towns were all regulated and assigned positions by the government.Such a planned economic mode of security to right to work can adapt neither to Chinese transition from an agricultural society to industrial society, nor to the establishment of modern enterprises institution, nor to the need of governmental organization innovation. Its defect becomes more and more obvious. 三The establishment and development of socialist market economy asks for a new type of security to right of labor, which is provided with basis by the development in theory and social practice. Theoretically, the theory of Chinese "civil society and state", suggested by Chinese scholars, offers a framework in which we can discuss the security of right to work in the situation of market economy.From the aspect of social practice, during the twenty years after opening up and reforming, the collective economy and private economy have gained great development, paving a new path not only for constructing a civil society with Chinese characteristic, but also for the employment of working force in cities and countryside. Social and economic structures in China have changed substantially, with non-state economy becoming the major sector of employment. The security of right to work has displayed new characteristics. Internationally, economic globalization is entering into a "conspiracy" time of capital and states, which surely affects Chinese security of right to work severely and deeply. As a socialist country, China should make active social policies, limit the negative factors inherent in market economy, perfect labor-related laws and regulations, increase labor standard as soon as possible, thus to realize most citizens' right of labor.Right of labor is not only a bound of rights, but also an important branch of human right system. It is necessary to set up relevan...