论文部分内容阅读
劳动权是由宪法规定的公民所享有的基本权利之一,并由相关的劳动法律法规加以保障。自改革开放以来,我国经济在飞速发展的同时,伴随着劳务交易的频繁,侵犯劳动者权益的行为日益增多,严重损害了劳动者的合法权益,扰乱了社会正常的经济秩序。继宪法对劳动权进行规定后,先后又出台了《劳动法》、《劳动合同法》用法律来保障劳动权,然而由于劳动法律本身并不具有威慑性和严厉性,所以,用刑法对劳动者权益进行保障就很有必要了。文章通过对劳动者权益进行刑法保护的必要性进行分析,并结合我国当前劳动者权益刑法保护的现状,对完善我国劳动者权益刑法保护提出相关合理建议,以期更好地维护我国劳动者权益,促进我国市场经济有序健康发展。
The right to work is one of the fundamental rights enjoyed by citizens under the Constitution and is protected by the relevant labor laws and regulations. Since the reform and opening up, China’s economy has been developing rapidly. At the same time, labor transactions have been accompanied by frequent violations of the rights and interests of laborers. This has seriously damaged the legitimate rights and interests of laborers and disrupted the normal economic order of society. Following the provisions of the Constitution on the right to work, successively promulgated the “Labor Law”, “Labor Contract Law” to use the law to protect the right to work, but because labor law itself is not deterrent and severe, therefore, the use of criminal law on labor The protection of rights and interests is necessary. By analyzing the necessity of carrying out criminal law protection for the rights and interests of laborers and combining with the current status of criminal law protection for the rights and interests of laborers in our country, this article puts forward some reasonable suggestions on how to perfect the criminal law protection for laborers’ rights and interests so as to better safeguard the rights and interests of laborers in our country, Promote the orderly and healthy development of China’s market economy.