Perfection Of Fundamental Labor Rights In China

Fundamental labor right is an important subject both in Labor law and the Constitution,which has attracted more and more attentions.This article, start with a constitution norm,regard fundamental labor rights as one part of constitution fundamental rights.By methods of historical and comparative analysis,we find that the content system of fundamental labor rights is a logical structure.Accordingly,we can know what content system should be and how to improve our country's fundamental labor rights.The main body of this article contains four parts:Part 1 is about the redefinition on the concept of fundamental labor rights.First,this article compares several different concepts.Then,this article defines fundamental labor rights as one part of constitution fundamental rights,which includes all rights related to labor stipulated in the Constitution.Part 2 is about the historical analysis on fundamental labor rights.The formation and development of fundamental labor rights depend on the social conditions.From its creation to now,its connotation changes a lot, such as the change of legal idea,the integration of rights' natures and the rich connotation of content system.The modern fundamental labor rights regard social interests as principal value and request of essential justice.So, under this new intension,the content system of fundamental labor rights shows a new logical structure.Part 3 is about the content system of modern fundamental labor rights. According to the new logical structure,I think modern fundamental labor rights should at least contain the right to work,the solidarity right,the right to negotiate and strike,the right to social security and the right to decision and supervision.Part 4 is about the realization and self-examination of fundamental labor rights.Firstly,this part analyses the two ways to realize the fundamental labor rights——law and constitution,by which the ideal situation will be resulted in.Secondly,this part also points out that the realization of rights basically depends on the perfection of the system of rights themselves.In the end,considering the fundamental labor rights under modern legal system in China,provides the suggestions on how to do some improvements.Analysis,this article comes to a conclusion.Modern fundamental labor rights should at least contain the right to work,the solidarity right,the right to negotiate and strike,the right to social security and the right to decision and supervision.However,our country's current situation only establishes two ones-the right to work and the right to social security.So, we should affirm the solidarity right,the right to negotiate and the right to decision and supervision on constitution.About the right to strike,we can put it in common law first and affirm it on constitution when the condition is mature.Meanwhile,in order to make sure the rights come true,we also should give trial effectiveness to the fundamental rights.