Promoting the code specification of the labor law
December 14, 2022 09:49 Source: "China Social Sciences" December 14, 2022 Total Issue 2551 Author: Xiao Qiushi

The complete legal specification system is an important pillar of protecting the rights of workers。The Party's Twenty Report Emphasize,"Improve labor laws and regulations,Improve the coordination mechanism of labor relations and negotiation,Improve the labor rights protection system,Strengthen the guarantee of the rights and interests of flexible employment and new employment.。Looking back,my country's market economic system reform,Marketing and factors including labor force are required for marketization。Under the conditions of the market economy,Workers can freely conclude contracts with employers in form,But in essence, it is in a weak position。From the perspective of effectively protecting the rights and interests of workers and the sustainable development of the market economy,Adjusting labor relations through the formulation and implementation of the law and realizing the tilt protection of workers will be a certain choice。So,The Standing Committee of the National People's Congress passed and promulgated the Labor Law of the People's Republic of China in 1994 (hereinafter referred to as the "Labor Law"),For more than 20 years since then,More single -line laws、Administrative Regulations and Regulations、Judicial Interpretation has been announced one after another,Together with the Labor Law, it constitutes my country's labor legal system。 

The process of market bet365 best casino games economy development,It is also a process of rule of law in labor relations。my country's labor legislation has played an extremely important role in the protection of past workers,solved the problem of "legalization of rights" of workers,But the labor law enforcement and judicial aspects have not yet solved the problem of the "labor right" of the workers。Development with the sharing economy、Social population aging aggravation,and the deepening of the new normal economic and dual -cycle development pattern,Labor relationship becomes more complicated,bring many new problems。For example,The rights and interests of the new business staff、Employment age and gender discrimination and difficulty adjustment of labor benchmark、Lack of collective labor relations regulation, etc.。On the one hand,New challenges brought about in response to the economic and social development in the new era,The labor legal system is necessary to modify。On the other hand,my country's labor legal system itself has the lack of basic legal law、New and old legislative conflict、Legislative style is extensive and scattered、Low standard effect and weak execution force,So,Only the "patch" type of amendment law or the formulation of basic laws of single lines can no longer meet the needs,The difficulty of repairing the law is no less difficult than compiling a labor category。and sound labor laws and regulations in a categorized manner is to adapt to economic and social development、Satisfy the realization of the rights of the workers、The inevitable choice bet365 best casino games of perfecting the labor legal system。 

 Bet365 lotto review The specification system coincides with time 

The introduction of the Civil Code of our country opened the era of the codes of my country,It has set off a wave of codes of various departments,Labor Law and the Law Circles also actively carry out discussions on the code of labor law。Previous,Simultaneous administrative law、Environmental Law and other departmental laws,Labor Code Code also faces questioning of the concept of "illegal classification",The reason given by scholars holding this concept is similar: the system is complicated、Fragmentation、Crossing multiple legal departments,Code must be accompanied by high coordination、Integrated cost。but but,Compared with the income obtained by adjusting the labor relationship after the formulation of the codes,Insufficient cost of the codes itself is cherished。From the current point of view,At least the academic community has reached a consensus on the necessity of formulating the labor code。Based on this,Labor Law Code also has a certain practical basis。First, there are rich legal materials。my country's labor law standard system is based on the constitution,Based on the Labor Law,Formed a labor law、Labor Regulations、Labor rules、Labor judicial interpretation、Local regulations and local government regulations and the complete legal origin system。Second, there are mature theoretical research and labor law practice。Current,Judicial referees have accumulated a lot of labor law practice materials,Theoretical research of academic circles Bet365 lotto review has accumulated a lot of academic results。Third, there are clear legislative subjects and mature technical conditions。The successful experience of the Code compilation of our country proves that my country has a strong legislative organization、Comprehensive legislative procedures and mature legislative technology,This can also be used by the code of labor law。 

  Improve the labor method in a categorized methodDiverse paths of the standard system 

Current,The challenges faced by labor laws and regulations are concentrated in the code of the node,Including mode selection、Content system and value concept,The question of "how to promote the implementation of the code of labor law in my country",That is the path of the code of labor law。The diversified path to achieve the code of labor law includes: first,Can fully draw on the useful experience of the compilation of the Civil Code,Take a "step -by -step" method,After each part is improved,Consider compiling the Labor Code with Chinese characteristics。Next,The Labor Code can learn from extraordinary experience,Adopt the "total score" structure for systematic compilation,The main content of the General Principles is the identification of labor relations,The main content of the editing of the division is the construction of the realization mechanism of labor rights。Last,The Labor Code should be while absorbing the experience of legislation outside the domain,Comprehensively summarize and refine the results of the rule of law of local labor,Systems sort out the coordination mechanism of labor relations Bet365 lotto review with Chinese characteristics,and combine with the traditional culture of "harmonious",The Labor Code Construction logic that adheres to the national conditions of China。The choice of the codonicization model responds to the needs of social development、In addition to the consideration of cost and income,It also tested the height and systemic ability of a country of law,Related to social governance models and power allocation。Many discussions in the labor law industry are actually important parts of the labor law codes,In other words,The right to discourse the academic discourse of labor law scholars is to shape the codes、Promoting path formation、The key to enhancing the theoretical self -sufficient。So,Related discussions in the Labor Law Circle, the more enthusiastic、The richer the point of view,In fact。 

 Improve the labor method in a categorized methodDual power of the standard system 

Labor Law Code has the dual -weight of the development of labor law and the construction of the rule of law。Existing research in the field of labor law,These two aspects determine the inexhaustible internal and external motivation of labor laws and regulations in the codes.。On the one hand,The systemicity of enhanced the legal system of labor、Theoretical and scientific,,Pursuing the Code (mainly the Pandekton Code) is pursuing the OK、Scientific spirit like mathematics accurate and representing truth。Products that are highly abstract as legal thinking,Only the high improvement of the labor legal system and the high maturity of the theory of labor law,Labor law can become Bet365 lotto review an institutional guarantee for the rights of workers,Become promoting national development and social progress、The best means to promote the maturity of the discipline。From this,For the spirit of science、System guarantee、The pursuit of the ultimate goal of the best means becomes the internal power of the code of labor law。On the other hand,From the perspective of national and social governance processes,Labor law and other legal systems present a response development form of spiral rising ascension。Country、Society and the people have different functional expectations for the same legal system,Different functional expectations for labor laws in different times,Labor legal system is constantly changing and growing in interaction with the subjects,Not only meets national and social governance requirements,More to respond to the people's expectations。From this,Satisfy functional、Response,Taking into account the requirements of stability and flexibility to become the external motivation of labor law。The academic community generally believes,Legislative reform includes codes,Originally an important way to shape the order of the rule of law in the labor field。The Labor Code is formulated,can provide strong predictability,combined with the national and social governance to form a stable order of the rule of law。From this,Internal and external power achieves the same goal of "rule of law",and interweave each other under its leaders、I do not know tirelessly to promote the improvement of the construction of labor rule of law。From bet365 Play online games this,The continuous improvement of the labor law and standardization system with a coda -categorized system becomes an important part of the process of the construction of the rule of law。 

(Author Unit: School of Law of Tsinghua University) 

Editor in charge: Chen Jing
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