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Construction Of Labor Criminal Law

Posted on:2015-09-02Degree:MasterType:Thesis
Country:ChinaCandidate:H J YangFull Text:PDF
GTID:2296330467467927Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In the field of labor relations, the differentiation of interests and the great disparity of power between employers and employees make our country which is in social transformation more intense labor conflicts in a way to spread to the community, the labor rights of vulnerable workers constantly being infringed by the strong employers, the crime between employers and employees increasingly and public order offenses caused by labor stricks and collective labor disputes increasingly common. Labor criminal law as an important branch of the criminal law system, criminal theories have not giving enough attention to it deserves, the research is still at a preliminary stage premature. However, the study of labor criminal law is not only able to work effectively to resolve labor conflicts, to prevent and punish labor crimes, to adjust labor strikes and other collective labor disputes, and to contribute to the development and improvement of the theory of criminal law, to promote social fairness, justice and other values, therefore the build of labor criminal law has important practical significance and theoretical valuable significance.This article has about37,000words, and addition to the introduction, this article is divided into the following four parts:First, the definition of labor criminal law. Labor criminal law system as an important branch of the criminal law system, the concept must cover adjustment purpose, adjustment means, adjustment scope, regulatory body, specification characteristics. Therefore, n this article, labor criminal law is defined as:to prevent and punish labor crimes, effectively resolving labor conflicts, with punishment as the main means to adjust labor crimes made by employers and employees in the field of labor relations, relative mandatory legal norms systems. According to the differentiation of the epitaxial, labor criminal law will be divided into broad and narrow labor criminal law in this article. Broad labor criminal law refers to the provisions of labor crimes which happend in the field of labor relations and its penalty; Narrow labor criminal law refers to the provisions of labor crimes whose single or main object is labor rights and its penalty. Labor criminal law as a complex system of legal norms, both its adjustment body or adjustment scope are unique.Second, the necessity to build the labor criminal law. The construction of the labor criminal law is based of the practical need to effectively resolve labor conflicts, to prevent and punish labor crimes, to adjust labor strikes and other collective labor disputes, the valuable needs to balance the power between employers and employees in order to achieve social fairness and justice and the need to develop and improve the criminal law system, therefore the build of labor criminal law is necessary.Third, the basis of building labor criminal law. The construction of labor criminal law is not unfounded, but basing on corresponding theoretical and normative basis. The theoretical foundation of labor criminal law including the foundation of social norms priority philosophy, the idea of the welfare state, the idea of substantive equality. The normative foundation of labor criminal law including criminal law and labor law. It is based on these theories and normative basis, which makes the construction of labor criminal law system possible.Fourth, the construction of labor criminal law system. The construction of labor criminal law system is the focus of this article, as an independent branch system, it must have its own unique framework. Labor strikes and other labor disputes is the inevitable product of interest conflics between employer and employee, therefore the government should not always emphasize repression and sanctions to labor strikes and other labor disputes, but rather by giving proper collective labor disputes criminal disclaimer for vulnerable workers and to build a dialogue platform with strong employers to help resolve the conflict. Labor rights as the rights of workers are unique, its subsistence nature indicates the specificity of labor rights therefore criminal law should be required by way of a special chapter to the labor rights as a separate criminal object to be protected to achieve the special protection of criminal law for workers’rights. Meanwhile, the tilt protection for workers of labor criminal law also need it provides protection in breadth and intensity areas. In breadth, the pre-program of the crime which refusing to pay remuneration should be abolished, to lower incriminate threshold, and put partial labor violations which seriously violate labor’s rights, workers’interests and has serious social harm to the scope of criminal law regulation, such as obstruction of trade union activities, the behavior of refusing to pay social insurance premiums; in the efforts to improve the legal punishment of major labor safety accident crime, and other crimes caused by the labor conflicts should be treated differently on the principle of punishment:crimes implement by employers to infringe workers’ other rights and interests should be gived heavier penalties; crimes implement by workers for safeguarding the legitimate rights and interests to infringe the employer’ rights and interests should be gived lighter punishment crimes implement by workers not for safeguarding the legitimate rights and interests to infringe the employer’ rights and interests should be gived regular punishment; crimes caused by improper collective labor disputes should be gived lighter or prudent punishment.
Keywords/Search Tags:labor rights, collective labor disputes, labor conflicts, labor crimes, labor criminal law
PDF Full Text Request
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