Research On The Legislation Of The Freedom Of Employment Of Minors In The United States, Japan And China

Basic rights are created by constitution and limited by statute laws while the limitation of statute is restricted by constitution again.When exercising rights,you shall not infringe the right of others or public benefits.This is the outer boundary of basic rights.And statutes shall not restrict natural rights unlimitedly.This is the inner boundary of natural rights.The freedom of occupation of minors is a type of basic rights.If any occupation does harm to the health and well-being of minors,the congress shall give restriction to it.That`s outer boundary of it.If not,congress shall not do it.The freedom of occupation of minors in the US,Japan and China is as follows:(1)the US: the labor laws provide extremely detailed range of occupation.There are two rules of working hours.The congress builds a penalty system combining direct and indirect responsibility.(2)Japan: There is a relatively easy restraint about the range of occupation of minors.There are different rules of working time suiting for distinct occupations.(3)China: the division is very simple.And the rules of working of children and adults are the same.The system of punishment is a trinity.(4)Comparison and Enlightenment:(a)Average GNI has increased nearly six-fold after 30 years while children are more mature in body and mind which can undertake more jobs which are suitable for them.But labor laws in China forbid all kinds of occupations except actors,athletes and apprentice without adjusting the range of occupation of minors continuously which infringing the freedom of working of minors.(b)For child labor 16 to 18,it`s important to have sufficient night sleep for their growth.However,there is no limitation of working of night for ordinary child labor who is 16 to 18,which is not beneficial to protection of health and wealth of minors.(c)The Labor Law in China empowers the administration the power of providing penalties including types and standards which conflicts the principle of law reservation which is detrimental to the protection of citizens.(d)Labor laws in China has not exponentiated the penalties by the inflation for the last 20 years while lacking of imprisonment which makes strength inadequacy of punishment.