Study On The Judicial Application Of The Constitutional Labor Rights Clause

The judicial application of the constitution from the last century since the end of 90s has been a hot issue in China's constitutional controversy,but scholars stay at the normative level,analysis the rationality and necessity of constitutional judicature from the theoretical point of view,even if some typical cases of some scholars have studied the applicability of the Constitution,but the general rule it is not enough to reveal in the judicial application of the constitution.This paper will use the "labor rights"clause of the constitution as the research object,using normative analysis and case study method of combining analysis of the labor rights of the judicial application of the Constitution in the differences between the ideal and the reality of the level,combined with China's national conditions,to reveal the true logic court cited constitutional clauses.In the constitution of our country on the right of labor is generally believed that belongs to the programmatic,abstract right in theory,need the legislature to make law to be implemented,can not be directly applicable,and is the basic constitutional rights of citizens against the national public power infringing means,generally do not exist in the private subject.But the author retrieved and screened 57 copies of the constitutional labor rights clauses through the "Chinese referee's Web".Through the analysis we can find that the constitution which are used to adjust the civil subject and the court in the labor dispute,the right to the use of specific meaning in the use of labor rights as the right to freedom of life,right,right of equality,the right to security,even as citizens basic obligations of different connotation,break the normative sense constitutional restrictions,embodies the unique logic and apply different understanding of this clause.Through the comparative analysis on the constitution of labor right practical significance and normative meaning,although the court applies the constitution is the constitution of lack of awareness,lack of public and private law division two yuan,the problem cited way is not standard,but it is undeniable that the constitutional court theory breakthrough in the normative sense,the substantive of the constitution explain,will labor rights used in the field of private law,and the constitution of labor rights the meaning of development,and sometimes involves the validity to the normative documents,it plays an important effect in the case.Not yet ripe conditions of judicial application of constitution in China,has not yet established constitutional standards applied in the field of private law,the future still need to perfect the relevant legal system,as well as the court in the judicial practice of continuous exploration,to set up a Chinese actual judicial system.