The Research On National Protective Obligation Of Citizens’Labor Rights

Labor right is an important part of the human right system. In term of the content,labor right is a general term of a series of right and a comprehensive concept. That whether the labor right is well protected or not is one of the standards measuring the degree of protection of human right in a country. In recent years, labor right is recognized to be fundamental right for achievement and protection in Constitution of the People’s Republic of China. What’s more, the related provisions for the protection of labor right are also included in the ordinary law. The status and inadequacies of national protective obligation of labor right are profoundly analyzed according to the train of thoughts of proposing, analyzing and solving problems, in order to provide feasible suggestions for how to improve the national protective obligation of labor right. This paper is comprised of four parts. The first part introduces the labor right by expounding its definition and generation conditions. The contents of labor right are understood from two aspects of broad and narrow senses, providing a basis for further studies on the labor right. The second part focuses on the realization forms of the labor right, namely the national protective obligation. The connotation and implementation mechanisms of national protective obligation are analyzed to explain that how the labor right can be implemented and protected and many other relevant issues. The third part describes many existing inadequacies in our national protective obligation from the system and practical levels. In order to improve the protective system of labor right, these inadequacies must be envisaged, and the reasonable and effective measures should be taken actively. The fourth part puts forward a perfect way with practical significance for the above inadequacies from the legislative, administrative and judicial perspectives. Through the analysis in this paper, the national protective obligation of labor right remain to be further improved and enhanced, in order to better implement and protect the labor right.