On The Legal Protection Of Mental Right Of Personality Of Laborers

Nowadays one of the most important relationship in our social life is the employment relationship. Our nation is a labor power country, so to make sure the harmonious and fairness in employment relationship is the prerequisite for the successes of our great enterprise which is to construct socialist harmonious society. However to guarantee a full protection of laborer equity needs to be reinforced. Since the reform and opening-up, we have acquired great achievements. However, the side-effect of rapid development of economy as such the frequency occurrence of production safety accidents and occupational diseases makes a great number of scholars call for conscience GDP. However mantel health of the labors has seldom been touched so far. There are cases of employers infringing upon workers' human dignity, such as the workers are frisked, insulted, forced to kneel down, monitored with cameras and harassed. The legislative purpose of the Labor Law is to keep the workers safe and protect the workers' equity, but there are no regulations related to mental right of personality. Under this situation, the thesis introduced the concept of legal protection of the laborer mental right of personality, in hope of improving the right-and-obligation system, so as to make the legislation have a great impact on the labor equity protection.The employees' right of personality is often infringed, because of their weak position, in the employment relationship. It is not only a matter of violation of basic civil rights, but also a matter of harm to the fairness and justice of our society. The laborers have personal independence when they are at work, and they should not be dominated, interfered or controlled by the employers. Labor Law possesses the laborer-oriented standard, so we should take advantage of the compulsory of the rules and regulations, to remedy the weakness of the labors. For a long time, our government focuses on the protection of material aspects, but ignored the mental aspects. The workplace should not only be healthy and security but also protect their dignity. The employees deserve a decent and delight workplace. The thesis focuses on strengthening the legal protection of the mental right of personality, by introducing and analyzing the concept.There are three parts in the thesis. The first part deals with the legal definition for mental right of personality. First of all, the connotation of the right is that the employees deserve a fair, security and non-injured workplace, when they are establishing and remaining the employment relationship with the employers. This right is one of the basic civil rights, is one of the most important conditions to realize personal independence and personal dignity, and is the prerequisite to realize and enjoy other civil rights, such as the property rights. Then the characteristics and types of the mental right of personality has been thoroughly presented.The social background and the legitimate base on which the mental right of personality of the laborers are discussed in the second part. The right has been through a stage from being denied and ignored to affirm and emphasize. Based on the attitude towards the right being changed, the legitimate foundation, which contains personal independence, personal equality, personal freedom, personal dignity, the humanistic concept of development and the essence of human nature, is proposed. It is meaningful to protect the mantel right of personality of the laborers. To realize the right is in fact the course for the laborers to breach from mandatory, to fight for freedom, to cast self-humiliation away and to win respect, so that they can become independent and self-reliance.The deficiency and the perfection of legal protection for mental right of personality of the laborers in our nation's law system can be found in part three. The current situation of the protection has been examined through the four typical issues , migrant workers , female employment, the disabled and the mismanagement of the company. In our nation 's legal protection, there are defects in the right system, lack of remedies and the out-of-date notions, which blocks us to establish a perfect legal system in the field. The proposals which contains "four principles " and "three suggestions ", to perfect the legal protection has been made at last. Interest balancing, interest coordination, interest consideration and protecting human dignity are the four principles. To perfect the legal system, we can enlarge the protection scope, impose more obligation on the employer part. With the development of economy, labor law has become an independent legal department—social law, which is between the public law and the civil law. It is better for our nation adopting the value tendency which is changing from individual standard, state standard to society standard. Labor law emanates from civil law, but the notions and principles are different, which makes labor law surpasses civil law. Creating the right to strike and introducing public interest litigation system is a worthwhile try to remedy the "unable to do what one hopes to do" situation due to the weak position of the labors and to realize the essential fairness.