Criminal Protection Of Labor Right

Labor right is one of the citizens'constitutional basic rights, incarnating the basic spirit and denotation of constitutional human rights protection. After the constitutional declaration, labor right should be protected by other department law. Criminal law, because of the severity of sanctions compared with other department law, is the most powerful legal weapon to protect the right; At the same time, it is the same reason that criminal law should always maintain its character of restraint to avoid the unnecessary blame and punishment. In the face of numerous and complicated labor infringement crimes, how to carry out criminal punishment adopting an restraining posture, and in the smallest cost most effectively, in order to maintain and protect the harmonious labor relations, is the primary proposition of a harmonious socialist society.In the view of this, basing on the analyses of ordinary meaning of labor right, on the argument of its rationality and necessarily to be protected, and on the introspection our country's inadequacies of labor right protection, the paper attempt to explore a path of labor right criminal protection, which not only hold out a character of restraining criminal law, but also can be punish the labor infringement crimes effectively.First of all, clarify the specific property and the inherent implication of labor right to make a description that the rights of labor rights are an organic whole, rather than the simple sum of all the rights, so as to demonstrate the rationality of being protected by criminal law independently; Keeping up the pace of "building a socialist harmonious society", going along with the trend of internationalization of labor resources, with the implementing the strategy of ruling by law and in the space of the criminal policy of combining punishment with leniency, demonstrate the necessity of criminal law protection for labor rights.Secondly, re-combing the labor rights-related crimes in current legislation , we can find that there are 21 legislation clauses, 23 accusations related to labor right protection, which can be divided into three categories :The crime of restriction labor right, the crime of protection labor right and the crime of neglect of labor supervise duty concerning. This paper focus on the study of "the crime of protection labor right", comparing with extra-territorial law, introspect the inadequacies of current legislation. Thirdly, macro on, put forward the overall concept of the criminal law protection of labor right that tilt protection principles as a guide, "the four standard" as a scale of being crime, take an combination of independent protection and bi-directional protection to perfect the current legislation; On the micro, it is proposed to amend the Chapter IV for " the crime of infringing upon the democratic rights, personal rights and labor right of citizens, to protect the labor right independently and comprehensively. For the certain malignant crimes of safety liability accident, expand the scope of the subject of unit crime, increase penalty types of unit crime, strengthen the application of criminal penalties, establish the legal personality penalty; In addition, on the constitution of crime of such crimes, applicants the theory of " involuntary dangerous crime "and set the " offense of vocational negligence ", to set up a crime in advance.