The Analysis On Pubic Law Character Of Labor Law And It's Revelation

Labor law is a typical social law. It consists of the factor of public law and the factor of private law. Both in the labor law jurisprudence and labor law practice public law character is always neglected due to impacted by the Third Law Territory and Privatization of Public Law. Consequently, the role of government is not positive in the labor regal relationship, and the system of public law and the system of private law develop unbalanced, and the system of public law can not bear the responsibility of protecting the workers. Otherwise, this article analyses the public law characters of labor law that is embodied in the concept of labor legal relation and the system of conducting labor dispute. It finds that neglecting the public law character of labor law causes some problems. And all these problems can be settled in consideration of the public law character. Labor legal relation and labor dispute can be categorized from the perspective of public law and private law, accordingly, different remedial action procedure is set up in accordance with different labor dispute. Categorizing labor dispute properly and disposing double procedures, is the road to perfect the system of conducing labor dispute. Because of lacking interrelated data in the sphere of labor law, the article adopts the research of comparison between different subjects and uses the theories of other subjects to resolve the problems of labor law.