Study On Labor Rights Protection Undercriminal Law Perspective

Labor rights have enjoyed a close relationship with the personal development and the social wealth accumulation. And also as one of the fundamental rights of citizens, labor rights are recognized in the Constitution. The rights of its children have been detailed in the specific provisions of the Labor Law. The reality that “weak capital forced labor” in the labor relations between the employees and the employers and the changing conflicts with the economic development both are the bases for the legal protection of labor rights generated. Only stipulated by the provisions in the Constitution and the Labor Law cannot be enough. So the Criminal law is in need. Criminal responsibility in the Labor Law and the criminal law provisions are two echoes. Criminal responsibilities in the Labor Law are in accordance with the labor rights protection from the perspective of the Criminal Law. Currently, the cases that labor rights are in danger are common. But they are seldom handled as a crime. Crimes happened in real life of the Infringement of labor rights can always bring serious consequences and cause great social concern. However, as the law that has Hysteresis and the poor execution, the Labor Law needs the help of the Criminal Law. To provide detailed and reasonable labor rights protection from the Criminal Law, it means a lot to maintain an orderly society and to achieve the social justice. This article obtains from the definition of labor rights by analyzing the history of the labor rights protection from the perspective of the Criminal Law. From a glimpse of the development of the continuous improvement of the criminal legislation on labor rights protection, we can dig into labor rights protection from the perspective of the criminal law deficiency in order to make the criminal law protection of labor rights more perfect.This article is mainly composed of six parts:Among them, the introduction part consists of four parts, which includes the selected topic significance, the research status, the innovation of this article and the research methods.The first part is the summary of the labor rights protection from the perspective of the Criminal Law. Firstly, this section define the research object that labor rights. It was defined from the concept, nature and the basic structure. Secondly, the labor rights protection from the perspective of the Criminal Law is further discussed. Thirdly, with the help of the criminal responsibility, we analyzed the allocation in the Labor Law and the Criminal Law.The second part is the status quo of the labor rights protection from the perspective of the Criminal Law. Firstly, this part begins from defining the nine relevant charges illustrated by the community of the research. Then reasons why choose them nine are given. With a careful combing of the nine charges related to the labor rights protection legislation evolution process, the reduction of our Criminal Law how to be enriched constantly and perfected are presented in front of our eyes. Through the analysis, we know that the Criminal Law did not achieve the comprehensive protection of labor rights. It only chose several labor rights violations which have social harmfulness and serious consequences to regulate. In addition, we analyze the reasons why it is unnecessary to provide labor rights as separate legal interests with special protection. It is obviously that the status quo of the labor rights protection from the perspective of the Criminal Law is better than we think.The third part is the lack of labor rights protection from the perspective of the Criminal Law. In this section it is divided by two parts which conclude two angles of criminal legislation and criminal justice. Among the angle of criminal legislation, our article is mainly developed by the setting of the crime circle, the crime constitution and the punishment of the crime. Among the criminal justice perspective, we lock our eyes on the lack of such cases and the difficulties related to the crime evaluation procedure.The fourth part is about how to perfect the labor rights protection from the perspective of the Criminal Law. This part is from two angles of criminal legislation and criminal justice, combining with the analysis method of the third part. We point out the reasons why there are so much inadequate in the labor rights protection from the perspective of the Criminal Law and the practical advice to conquer them.In the end, we make out the relationship with the system consummation and the judicial protection. Only the formation of the social environment can we achieve the goal of the labor rights protection from the perspective of the Criminal Law.