Theory On Strengthening The Legal Protection Of Labor Force Right

This thesis bring out it's subject from focusing on the status of labor force right about different laborer groups in the economic field. The author has adopt social law method,theory connecting practice method,contradiction analytical method,history analytical method,contrast analytical method etc. In the first chapter, the author express the connotation and the extension of the labor force right with legal thinking .Then, it sum up the era background and the historical urgency through looking into and analyzing actual issues about the labor force right in details, basing on the principle of"labor force right is the first human right". In the last chapter, It discuss the justice and the basic conceive of the legal protection about the labor force right. There are some characters in this thesis. Firstly, the author study the legal issue through the social life .The process of the writing thesis is a real practical course. Secondly, the author understands the meaning of labor force right with her own understanding .Professor CHEN NAIXIN has dissertated the connotation and the essence of this conception .In his opinion, the labor force right is the ownership of the human's labor force. Namely, it is the inner substance right. In order to affirm and protect the human's labor force right, the state have to create the inner substance right of the economic law .In itself, it is a impersonal require for the course from individual labor to socialization production. It embodies profound care for the human right and is a legal right innovation adapting the development require of the socialization production.。the extension meaning of the labor force right is a development based on the economic law field of view. In the author's opinion, the labor force right is the laborer's basic rights endowed by the state. For the sake of cultivating the labor force and supporting the laborers develop the creation abilities as well as sharing economy prosperity. It includes labor force shaping right, labor right, profit distributing right and social security right. Therein, the labor force shaping right is the rights gather for the minor's growing up of physical strength and intellect, including rest right and education right. The labor right includes sufficient employment right, habitation right, reasonable wage right etc. The social security right is the right of obtaining substance aid from the state and society when the laborer loses his labor ability because of oldness or disease or other causes.The author proposes the state should set up employment wage deposit system and establish social security credit system in order to help the laborers to share welfare policy decently. The state should endow the laborers legal strike right and promote the laborers to establish their autonomy organization. The author also table a proposal that reform traditional solve system about labor dispute to ensure the laborer obtain protection in time when the labor force right is violated. The harmonious labor and capital relation can be formed and developed when the mutual dependence sides of both labor ownership and capital ownership have been protected sufficiently by laws. The social dream of prosperity and harmony will go by the board if the balance between the labor and the capital is lost. Further more, it will overstock social crisis. The belligerence of the contradictions is absolute and unconditional. We have to innovate the legal system and solve the social conflict so that the harmonious social dream of the social development and prosperity shared by all human beings could be realized.