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从劳动法治意义上说,劳动刑法是法律理念与法律制度融合的产物。在劳动法治之下,劳动刑法的基本理念应实现从法治国家理念到福利国家理念、从形式法治理念到实质法治理念、从国家优位理念到社会优位理念、从强式公平理念到弱势公平理念的根本转变。以这些更新的理念为根基,劳动刑法立法随之而来也应该发生一些基本变化,即理性定位工会在刑法中的合法地位;协调刑法与劳动法律之间的冲突以及理顺不同劳动犯罪之间的罪责矛盾。
From the perspective of labor law, labor criminal law is the product of the integration of legal concept and legal system. Under the rule of labor law, the basic concept of the labor criminal law should be realized from the idea of a country under the rule of law to the idea of a welfare state, from the concept of the rule of law to the idea of a substantive rule of law, from the concept of national superiority to the concept of superiority of society, from strong and fair ideas to weak fairness The fundamental change of philosophy. Based on these updated concepts, consequential changes should also be made in the legislation of labor criminal law, that is, the rational positioning of trade unions in the legal status of criminal law; the coordination of conflicts between criminal law and labor law and the rationalization of different labor crimes Controversial contradictions.