Study On China's Labor Rights Protection

Labor rights for the development and progress of the society has great importance. Under the background of social transformation and economy entering the new normal of our China, the importance of labor rights increase quickly. However, in the field of China's current labor relations, the advantaged employers group always pursue the maximization economic profit, and always execute crime to the disadvantaged employees group frequently. In view of guarding their rights, the disadvantaged employees group also execute crime to the advantaged employers group. Overall, the labor rights and interests of workers are suffering severe violation in practice, labor rights is not protected comprehensively, fully and effectively. It is not only unhelpful to the harmonious development of labor relations, but also detrimental to the social equity and justice, and has negative influence on social security. As supported law and protection law, the criminal law should be positive response to and try to change this situation. So, it needs to summarize the successful experience of the France, Germany, Japan, Britain, the United States and other major developed countries on labor rights protection, and describe objectively the crime situation in the field of current our China's labor relations, and comb systematic,analyses carefully and discuss deeply on the criminal law ideas of the labor rights protection, the legislation and judicial practice. thus, for our China's labor rights protection of optimization of the criminal law ideas, the perfection of legislation,judicial safeguard giving great support, so bettering protection of the labor rights.This article has about fifty thousand words, and be divided into five parts. It respectively discusses the labor rights protection conception of the criminal law of our China, the labor legislation and labor judicial practice.The first part is about labor rights of criminal law protection. The deep research into labor rights protection of criminal law needs clear understanding and deeply grasp of the basic theory of labor rights and necessity for protection of labor rights of the criminal law. On the basic concept, labor rights should be defined as "the right who participate in the social labor own what in the labor or closely related to labor and is consistent with the social and economic development condition”. Labor rights is comprehensive right, has the properties of personal rights and property rights, the right to survival and development, liberty, and the social rights. The content of thelabor rights expand and be rich with the development of social economy,and mainly divides into individual employment rights and collective labor rights. The necessity of labor rights protection of criminal law is based on following aspects: labor rights for personal comprehensive and free development and social development and progress has the important value, the criminal law should be positive with it; labor interests is important content of the criminal law, and the criminal law should provide effective protection; the current labor crime happen frequently, labor rights and interests have always been violated, the criminal law should intensify protection; As supported and protection law, the criminal law should be more effectively protection of the labor rights.The second part of is about introduction and research of foreign labor rights protection of the criminal law. The criminal law protection of labor rights is an international and global issues. In the international human rights conventions, there are many articles related to labor rights protection of criminal law. These rules guide the national criminal law protection of labor rights, promote the internationalization trend of labor rights protection. At the same time, as the main developed countries,the labor rights protection of criminal law of France, Germany, Japan, Britain, the United States is gradually maturing. It is reference for our China's labor rights protection of the criminal law. These countries' labor rights protection of the criminal law concept, the standard model and protecting content are characteristic. Its practice effect is obvious. Leaning protection principle is their main idea, giving the rights and interests of disadvantaged workers tilt and special legal protection. In their legislation model, the accessory criminal law is supplemented, and the penal code is the basic standard model. Their protection content mainly includes the labor employment rights,right of labor safety, labor remuneration rights, child labor and juvenile workers and special protection of maternal women, the normal activity of trade union rights, rights of collective action, etc. More importantly, these countries' criminal law protection of labor rights have achieved good effect.The third part is about crime situation which infringe labor rights in our country.Under the current background of comprehensive and deep reformation and social transformation, our country's crimes in the field of labor relations is characterized with the social background. The crime committed by the advantaged employers of which infringe of the labor rights is the most important and main part. Under the drive of instinct, the advantaged employers wanton infringe the laborer's right of laborsecurity, personal freedom, right of labor compensation and other important labor rights. Unfortunately, this has led to more serious consequences. In order to safeguard the labor rights and interests of themselves, the disadvantaged employees frequently implement a variety of so called self-help crimes of infringement of personal rights and property rights, public security and disruption of social management order, etc.The fourth part is about responses of labor rights protection of the China criminal law. In view of the current crime situation in the field of labor relations, the China's criminal law has made a certain response. This part analysis of the response of China's criminal law to the present situation and problems from the concept and legislation and judicial practice of labor rights protection of the criminal law. On concept, the advantaged equality and national priority is the major concept to protect labor rights of the criminal law. It is easy to cause formal equality and substance inequality, and detrimental to protection of the rights and interests of the disadvantaged laborers. The China criminal law and subsidiary criminal law in labor law stipulate provisions related to labor rights protection, and design the specific accusation. But, our China's criminal law of protection range of labor rights is still small, be absence of labor crime subject, punishment allocation being irrational,criminal record reporting obligations limit labor rights, the accessory criminal law being unclear and in violation of the principle of crime and punishment legally prescribed, etc. In judicial practice, the crime implement by the advantaged employer the crime implement by the disadvantaged laborers to save their labor lights are to be unreasonable treated as the same thing. The disposition of collective labor dispute tends to be a single direction what treated as crime. It is not conducive to the protection of labor rights.The fifth part is about reform path of labor rights protection of our China's criminal law. Labor rights protection is a systematic project. If we want to be better protecting labor rights, the China's criminal law must be seeking comprehensive change from concept and norms to the judicial practical. In order to change the essence inequality situation of the disadvantaged workers, the disadvantaged equality concept based on the difference principle and leaning protection principle should play a vital role. At the same time, the disadvantaged status of laborers determine the criminal law protection of labor rights must stand at the side of the people's livelihood protection. As to the legislation defects in the criminal of labor rights protection, it needs to be improved by expanding protection range, expanding the crime subject,adjusting the penalty configuration, to cancel criminal record report provisions,perfecting accessory criminal law. Judicial practice is the most important step of the protection of labor rights of the criminal law. It should strengthen the protection of labor rights. The labor crime and saving self-help crime must be treated differently.For the former, it should be heavy disposal on the whole, for the latter, it should be light disposal on the whole. For the collective labor dispute, it also should be treated differently. for the legal collective labor dispute, the judiciary should not be involved in. As for the illegal collective labor dispute, it should be investigated for criminal responsibility by the judiciary according to law. So, the criminal law will play a good role as to guide and standardize the production of labor rights.It is the inevitable requirement of production of labor rights from the aspects of concept and legislation and judicial practice of criminal law to improve the protection of it. Predictably, under the condition, the protection of labor rights will be better.