劳动刑法研究

【作者】 张峥；

【导师】 陈浩然；

【作者基本信息】 复旦大学 ， 法律， 2009， 硕士

【摘要】 劳资关系是一个博弈平衡的关系,每个时代都会赋予它不同的内涵和外延。刑法介入劳动关系调整是社会经济发展到一定历史阶段的必然产物,是人类文明的标志。对劳动权利的可能被侵害程度、社会所有成员对劳动者劳动的尊重和认可程度直接关系到刑法所要调整的劳动关系的范围。可以借鉴国外先进的劳动刑事立法的经验,填补我们国家劳动刑事立法的盲点和空白。经济体制改革,法律不断地经历着时代的考验,人与人之间的协调发展成为这个时代的最强烈的诉求。国家适当扩大刑法对劳动法益的范围和保护力度,是“科学发展观”理念在执政上的具体表现,劳动刑法在中国的诞生和发展是时代的选择,具有深远的理论意义,更能顺应现实的发展的需要。严厉的劳动刑法彰显出调和劳资关系矛盾的“以人为本”的理念。不间断的劳动争议出现的今天,我们更加呼吁劳动刑法出台。更多还原

【Abstract】 Labor relation is the relation of playing a game "go chess" and balancing, it is bestowed on different meanings in the passing centuries. It is argued that the strengthened rule by criminal law, a symbol of human civilization, is a social tendency as a coordination of the labor relation. This, however, is linked to the respect and recognition to the labor by the workers to a large extent. The law on protection of labor right in China is not suitable for a widely encroaching of labor right owing to its backwardness. The weakness of the civil and administrative punishments makes it essentials for the criminal law to get involved in the protection of the right and interest of the labor forces. With respect to criminal protection of labor right, this paper makes a comparative study between conditions in foreign countries and that of China, there are some aspects that the law does not relate to, this fact shows that the law has some defects, meanwhile, this paper puts forward the suggestions for the legislation in protecting labor rights, labor relation in criminal law. In the process of economic restructuring, law is also constantly tested by ages. The respect of labor, harmony of human are distinctively voiced. Chinese criminal law should be expanded the scope of labor law profits and protection efforts, which is the concept of scientific development in a concrete manifestation of the ruling on the country. The birth and development of labor criminal law is the choice of the times, it has far-reaching theoretical significances, which is more responsive to the development of realities. Thus, the humanity in the stricter rule by labor criminal law deserves more attention in the man-centered administration. Nowadays, we have even more appeal to the labor criminal law introduced for the continual emergence of labor disputes.更多还原