On The Order Value Of Labor Law And The Way Of Realization

Utility and motivity are the two categories of law values. In the legal field, justice and freedom are the value of motivity while order the value of utility. Our current theory of labor law has mechanically transplanted such a theoretical notion and mixed the concepts of the values of abstract laws, the legal system and department laws, misread the relationship between the whole and the apartment of the legal value system and the legal system, and thus resulted in a misunderstanding of the value theory of labor law. However, from the perspective of embryology, the comparison between labor law's order value and justice and freedom value, the evolution of the essence of labor law, we can conclude that the order value is the motivity of labor law, which is the foundation of reconstructing the value theory of labor law.China saw a privatisation of labor law, which, combined with some other factors, makes us undervalue the order value of labor law and brings insecurity to China's culture, economy, and social stability.1, economically, the issue of our low labor standards has angered some western countries and thus brings us national economic insecurity. 2, politically, many cases of misdealing the issues of labor employment, wages and health security have brought about many social problems and threatens our social order. 3, culturally, some immoral values and social organizations have exerted a strong influence on our traditional culture and culture progress. So it's very urgent for us to realize the order value of labor law.To attain such a goal, 3 steps should be taken: First, many laws, such as Labor Standards Law, Employment Promoting Law, Labor Contract Law, Collective Contract Law, Wages Security Law, Labor Dispute Settlement Law, etc, should be legislated separately and should be unified in scope of labor law enforcement. Many labor laws should be legislated at the National Congress to enhance its authority and manipulation efficiency. Furthermore, Social Security Law should be independent of labor law system. Second, Labor Administrative Departments should strictly and actively enforce labor law and preventive supervision work should be done in advance in the field of labor law enforcement. Heavy fine should be used as a main means of administrative penalty in labor law enforcement. External and internal supervision mechanism should both be put into practice in labor law enforcement supervision. Third, all efforts should be combined to reform the labor dispute handling mechanism and help build a system of self-relief, social relief and collective relief. 1, self-relief is the most important solution, so more legal education and propaganda activities should be held to enhance the level of citizens' law awareness. 2, social relief should be regulated. The principles of neutrality and free will of social relief should be established. 3, collective relief should be reformed. Labor Dispute Settlement Law should be legislated and special judicial institutions should be established.