The Paths To Realize Citizens' Labor Rights Under The Background Of Internet

Labor rights as civil rights,belong to the Constitutional concept.To the importance of the existence of labor rights,and protection of them is also necessary to all of us.The academic community has reached a consensus,however,the definition of the right to work did not reach an agreement.In the published research results,most of them are from the perspective of labor law,constitutional perspective and international human rights.Concept understanding from different perspectives,that is inevitable have an impact on the operation and realization of labor rights.Fundamentally,it is necessary to clarify the law as legal basis for the labor rights,and identify the essential differences on labor rights belong to other categories.We must pay more attention to falling into the trap that use the hypogyny law to interpret labor rights or other misinterpretations.On the basis of this theoretical study,in view of our maturing economic and technological background,and in the light of the urgent needs of citizens is to realize the labor rights.It is necessary to make further adjustments and optimization on ways to realize labor rights.This article aims to re-interpret the abundant connotation of labor right from constitutional perspective,and then analyze the dilemma realization of labor rights in the current era of the depth of development of the Internet,discover and research insufficient in current relevant laws,explore more effective ways to realize citizens' basic rights,strive for the stable development of economic system and employment market.This article starts with analyzing the history of the development of labor rights,through the historical background,drawing on and absorbing relevant the domestic theories and foreign theories.This paper intends to analyze principles of labor rights realization and related background,aims to explore experience and lessons on ways to realize labor rights in the Internet background.The main content of this article is divided into three parts.The basic framework is as follow:The first part is an overview of labor rights.This part starts with the clues of historical development,then clarifying the development of the world's labor rights.Next,turn to our country,demonstrate the unique materiality embodied in labor rights.Based on this,more and more scholars show their opinions through analysis and argumentation.This section focuses on the traditional understanding of scholars about labor rights.The purpose is to keep up with the times to re-interpret constitutional labor rights.Then abstract the general principles of the rights and realization of rights.Labor rights as one of the basic rights stipulated by the Constitution,there is commonality with the realization of other rights,it's no doubt that it has its own personality.On the basis of this theory,it draws forth factors affecting the realization of labor rights,and analysis of the traditional path to the realization of labor rights based on the background.The second part briefly describes the development status of citizens' labor rights.Because it involves many aspects,this article analyzes only two aspects:the market-oriented economy market environment and the equality of the status quo in the process of citizen employment.Take into account the impact of the Internet,new employment methods spawned.The realization faced with numerous difficulties,then this paper set about to explain rights violation from five sections:self-employment and equal employment rights,rights for rest and vacation,vocational training rights,social security rights and right of solidarity.In the following,this article will discuss the reason why the labor rights are mired in difficulties.The reasons are explained from three aspects:reduced awareness of civil labor rights,harsh legal and policy environment of respecting and safeguarding the labor rights,public power lacks rationality in guaranteeing labor rights.According to those discussions above,this paper expects to inspire the realization of labor rights.The third part is from the constitutional perspective,analysis the paths to realization of labor rights influenced by the Internet.The theoretical perspective of the constitutional angle can't be separated.The characteristics of the paths choice according to the constitutional labor rights in China,take the country's obligations as the main line,demonstrate the perfection of legislation,administration and judicial safeguard system of the basic right of labor right under the frame of constitution.This article will present personal insights and suggestions.