| Labor is the people's access to basic means of survival and means of subsistence. Labor rights is an important part of citizen'sHuman Rights as a fundamental right.It is one of a few discussed rights alone belongs to the Human Rights Law.Labor right is in the first place in all kinds of the economic, social and cultural rights. And also in both international and domestic legislation is given priority protection. To respect and protect the citizen's right to work has already been a general emphasis on the modern rule of law, from the constitutional sense, emphasis and implementation of civil rights to labor, is the embodiment of justice, but also the nature of the requirements of the Constitution.A constitutional right to work is different from the meaning of labor law for labor rights, although the common law should follow the basic idea of the Constitution, but the two concepts are still two parallel and independent concepts. They are different in nature, the former is private rights by nature, while the latter is power as a basic constitutional rights, it reflect a different legal relationship. The right to work more emphasis on the subject of rights is based on citizenship rights, not just the legal relationship of equality of workers and the acquired rights. Accordingly, the main obligations of the right to work is not the relative side of labor relations for the employer, but is the state for the purposes of the Constitution , the State has obligation to make a variety of laws to promote the development of labor rights, the State have therefore undertaken a legally binding obligation to take various measures to do all of its resources to achieve progressively the full realization of the right to work.This topic comes from the Economic, Social and Cultural Rights Committee's concluding observations that after the report by China according to the "Economic, Social and Cultural Rights," Article XVI, and the provisions of Article XVII. In the concluding observations, the first 20,21,23,24,25,26 and section 48,50,52,53,54,55 concerned about the protection the labor rights of our citizens and put forward opinions and suggestions . Human rights is the concept of our time, is has been generally accepted political and moral values. In the rule of law era, the Universal Declaration of Human Rights and the protectionis is sacred mission of the law. Labor rights, the international community often referred to as the right to work is an important part of human rights ,is the core of economic and social rights, is the most fundamental economic and social rights. The right to work is not only necessary to obtain the material to protect the rights, but also to achieve the comprehensive development of the necessary rights, it comes to human dignity, social justice, peace and social harmony attention. The right to work fit with people's natural attributes and social attributes,in the human rights system is in a dominant position, thus laying the workers the right to work as a marked personality independence, implies the type of human rights in the interests of workers to get more attention.As China's traditional concept of the rule of law, the reality of the level of economic development constraints, as well as the existing legal system settings, so that the protection of our citizens the right to work temporarily unable to fully meet international human rights conventions standards, such as forced labor camp in the offender labor; the absence of collective rights, the Constitution does not clearly defined right to strike and organize, participate in independent trade unions; constitutional rights can not be in China's court trial proceedings, the Convention can not be invoked directly; because of residence, region, identity, gender caused by such factors as the de facto inequality; the existing labor legislation and policies can not effectively implemented, resulting in working conditions and remuneration system is unable to fully implement such a problem, but these can not be the cause of human rights in China to pursue the development of the full realization of civil rights and international standards of labor in the process of insurmountable obstacles.At the end of this article, the author proposes the idea of building systems, although some ideas are not very mature, but I hope to provide a useful reference for the constitutional protection of our citizens. The significance of this research is through the International Human Rights the Perspective of study, for the development of our citizens and the protection of labor rights provision of new research path. As "economic, social and Cultural Rights," a party on "Economic, Social and Cultural Rights, the International Covenant on" implementation issues in our country, our Government in 2004, has been to the United Nations Economic, Social and Cultural Rights submitted its first report , detailing how China's domestic law to protect the various provisions of the Convention on the implementation of the. Since the Convention submitted by States parties to the progressive realization of the requirements, so in the implementation of the Convention, China must address the current domestic political, economic, cultural and social development of the actual situation of the protection of citizens of steady progress in the economic, social and cultural rights to . Currently the right to work legislation should be further strengthened revision and reconstruction, the establishment of specialized human rights protection organizations, to strengthen the legal protection of vulnerable groups and strive to create a promotion of economic, social and cultural rights, the environment to achieve the rule of law. Will be held in China in 2010 for a second report, in this process, we must strengthen international exchanges and cooperation so that China's labor rights protection and international human rights standards and integrate into the international human rights system, which is no doubt for having a positive meaning on our citizens the right to work in theory and practice.
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