The Analysis Of The Relief Mechanism Of Chinese Laborers' Right To Personal Dignity

The right to personal dignity has been on the stage of history in the form of rights for less than 100 years,but it has shown great vitality.Because when people who have experienced the baptism of World War II realize that they can and should live like human beings rather than any tool or object,they will be more eager to pursue high-quality life.This improvement of subjective consciousness is not only for themselves,but also for future generations.However,in modern civil law,as an "abstract person",it is treated according to the subject of freedom and equality.This kind of treatment leads to the substantive inequality of "concrete person" in reality,especially when the problem of the gap between the rich and the poor is exposed,this inequality is even more unacceptable.This transition from "abstract person" to "concrete person" gave birth to the labor law as one of the representatives of social law.However,for a long time,labor law pays more attention to the material personal rights of laborers and less attention to the spiritual personal rights,which makes it difficult for a considerable number of infringements of the spiritual personal rights represented by the right to personal dignity of workers to be punished by law.At the same time,due to the "subordinate nature of labor" of workers,their right to personal dignity is more vulnerable and easier to violate.For the sake of livelihood,laborers often choose tolerance in the face of infringement.But tolerance tends to encourage the continuation or even escalation of violations,which becomes a vicious circle.This vicious circle exists widely in the workplace.It is not only the deprivation of workers'labor rights,but also the infringement of workers'spiritual rights and interests.Labor law began to pay attention to the right to personal dignity of laborers,that is,to break through the traditional civil law departments for the right to personal dignity,the more detailed performance of this right.The meaning of "decent work" has been put forward as early as the end of last century,in which the protection of the personal dignity of laborers occupies an important position.It is great significance to pay more attention to laborers'rights and to build a harmonious labor-management relationship.This paper is divided into five parts.In the first part,by comparing the right of personal dignity of laborers with the right of general personal dignity,the concept of the right to personal dignity of laborers and the characteristics of subordination,decreased and relativity are obtained.The second part focuses on the analysis of the manifestations and causes of the infringement of the right to personal dignity of laborers in China.The third part analyses the relief mechanism of laborers'right to personal dignity from the aspects of legislative mechanism,law enforcement mechanism,judicial mechanism and trade union mechanism.Therefore,it is found that there is a lack of prevention of infringements of the right to personal dignity of laborers in China.The fourth part tries to find out the content that suits our national conditions by drawing lessons from Germany's experience of invoking the Basic Law to protect the legitimate rights and interests of workers,the establishment of French labor criminal law and the powerful effect of American trade union organizations.The fifth part combines the gains and losses of the relief mechanism at the present stage in our country and the advantages and disadvantages of foreign experience,in order to find some suggestions for the relief to the right of personal dignity of our country,and strives to build a pluralistic and multilevel relief mechanism suitable for our country.