Study On Criminal Protection Of Labor Right

Labor right is a fundamental right of citizens enjoy, which established by the Constitutionand protected by the Labor Laws and regulations. Since the Reforming and Opening up, ourcountry develops rapidly in economy. However, the behaviors of invading labor rightis becoming more and more obvious in frequent labor transactions, which results inserious damage to the legitimate rights and interests of citizens. Besides, it also causesadverse social impact. Labor right is supposed to be protected by the laws of variousdepartments after being protected by Constituent. But being compared to otherdepartments, criminal law becomes the most powerful weapon of protecting laborright because of its severe sanctions. Therefore, how to regulate the use of criminallaw and play the role of criminal law in punishing violations of labor rights crimes isof great urgency and necessarily.In view of this, the author analyzed the meaning and content of labor rights,demonstrated the need for criminal law protection of labor rights. The writer alsoreflected on the status and deficiencies about the protection of criminal law of laborrights in China after summing up the experience, and put forward a sound proposal inaccordance with the status quo in China. This article is divided into the followingsections:First is the review. It described the species as well as the connotation of the basiclabor rights whose labors’ have, and proposed the meanings and scopes of theprotection of the labor criminal, in order to prove the reasonableness of independentprotection by criminal law. Basis on the severity, deterrence and other special natureof the criminal law, as well as increasing violations of the labor rights, we have todemonstrate the necessities to protect labor criminal to obey the international trend oflabor rights’ protection.The second part is generalizing and learning from the protection of foreign laborcriminal. I selected a number of countries which are exemplary in the protection oflabor rights to present the legislation, and summarized the "Temper justice with mercy" concept of the Criminal Law protection in the mode of criminal law protection of the legislation, and the experiences of the inclined protection of legislative mode andthe legislation Code of the subsidiary criminal law oriented. In the protection of laborrights, these advanced experiences have a strong reference in china.The third part is the development of the protection of the labor criminal in China.In this part, I listed some crimes related to the protection of labor rights in the existingcriminal law, summarized the current status quo of the protection of labor ccriminal,and reflected the shortages of current legislation contrast to the extraterritorial law.The fourth part is the situation and reflection of the protection of the labor criminal inChina. I proved that the independent and narrowness of the protection of the China’slabor rights in existing criminal law, unreasonable set of the criminal constitutes andpenalty.The fifth part is the improvement of the protection of the labor criminal in China.I made legislative proposals to improve our protection of labor criminal due to currentshortages of legislation. I suggested to expand the scope of protection of labor rights,add a dedicated chapter to the Penal Code to protect labor rights; for some crimeincrease the criminal fine of natural persons, some vicious for security incidentscriminal responsibility to expand the unit of the main areas of responsibility andincrease crimes committed by units of the types of penalties; Finally, in thecomposition of the crime, the right to compel illegal dangerous operations whichcrimes serious labor security accident crime increased risk committing the criminallaw to build a dual mechanism of prior prevention and post accountability.