Study On The Influence Of Confucianism In The Rule Of Chinese Labor Law

In present, the rule of Chinese labor law has made great progress, but we should also know that the situation of the rule of Chinese labor law is still serious, the effect of labor law is not good, and the phenomenon of violating labor law is common. Confucianism is an important carrier of legal culture in china and legal local resources;the rule of Chinese labor law is very affected by Confucianism as a phenomenon of legal culture.The paper will analysis the influence of Confucianism in the rule of Chinese labor law in the view of Confucianism,based on the present building situation of the rule of Chinese labor law and the legal cultural system.The purpose of it is to reveal the cultural reasons on the back of the rule of Chinese labor law, and to find cultural sticking point of the rule of Chinese labor law,in order to deliver suggestions for perfecting the rule of Chinese labor law from the view of legal culture.The first section is the influent summary of Confucianism to the rule of Chinese labor law, it will fold out from the views of law as the cultural phenomenon and legal native resource,which is to lead up to the relationship between Confucianism and the rule of Chinese labor law. The second section will analysis the active influence of Confucianism to the rule of Chinese labor law,from the aspects of neutralization thought,people-oriented thought,thought of using both morality and law and the thought of righteousness and profit.The third section will research the inactive influence of Confucianism to the rule of Chinese labor law,from the points of the thought of rule by man, sense of hierarchy,pan-moralism, the thought of non litigation.At last,the paper will give some advices of absorbing the meritocracy of Confucianism cultivating current sense of native of the rule of labor law,and enhancing the function of social security of labor law, based on studying the questions above.