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Study On Labor Law From The Perspective Of Mority

Posted on:2015-02-08Degree:MasterType:Thesis
Country:ChinaCandidate:P F JiFull Text:PDF
GTID:2296330422471714Subject:Law
Abstract/Summary:PDF Full Text Request
Labor law is formulated to adjust the legal norms and principles of labor relationsin general. The natural relationship between law and ethics determines that the study oflabor law can not without the ethical and morality.This paper refers to Marxist laborethics, using the combination of law and ethics, sociology, trying to analyze labor lawfrom the dimensions of ethics and reflect on a comprehensive system to reveal theethical flaws of the Labor law, and propose a path of ethical values to achieve labor lawto provide theoretical support for the realization of harmonious labor relations. From thehistorical development of foreign labor law we can be see that in the birth and growth ofthe labor law, the role of ethics has always been indispensable.This topic stems from concerns about labor and labor law issues at this stage. In theprocess of China’s modernization, social and economic development has been massive,but the workers did not achieve its market contest deserved benefits, but did not get freeand comprehensive development of the individual beyond the largely dominated bycapital,. There exists the phenomenon to some extent that at the expense of labor itselfmoral character and interests of workers and the proper market value as a "human"sense of the enormous cost.From the study of the theory and practice of the current situation, our scholars hadbeen combined from different angles of the actual situation on the labor relations theoryof extensive research, and achieved remarkable results. However, labor law issuesdiscussed in the writings of most of the system of management and economics from thestart or simply start from a philosophical point of view, the degree of integration withthe labor law system construction is not close, and not quite fit the theory and practicallegislation.The theoretical framework of labor law influential research ethics has notyet formed.This article take Ethics and Legal Studies combining theoretical and empiricalanalysis combining research methods to the basic principles of historical materialism asa guide, from the strong sense of history and a sense of reality starting to take Marxistcritique spirit Law and Ethics, instrumental rationality and value rationality combiningbasic research methods, ethical conduct complex research labor law. On the one handwe should build labor theory of justice, on the other hand, proper respond to the realityof the contradictions and problems China faces the actual applied research. In addition to the introduction and conclusion, this paper is divided into four parts.The first part describes the development process of China to explore the ethical laborlaw, as well as the evolution of the labor process and the idea of them. The second partof labor law interpretation of the ethical connotations from the four major areas of labor,labor rights, labor relations and labor contracts. The third section describes the ethicalprinciples of labor law labor freedom in the development process to be followed, laborequality, justice and social harmony labor. The last part of root cause analysis for thecurrent problems in the field of labor law and ethics anomie propose solutions.
Keywords/Search Tags:labor law, ethic, justice, harmony
PDF Full Text Request
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