Labor Rights in the Chinese Constitution

Main Article Content

Lingjie Huang

Abstract

Because of China's special national conditions, the scope and content of labor rights have been changing with the development of the times and have different contents at different stages. Therefore, the attributes and positioning of labor rights in China's constitution should be analyzed in the light of China's reality. The purpose of labor rights is determined by the constitutional structure, the target value of the object of rights, and the inherent relationship between the subject and the object of rights. This co-temporal institutional arrangement is a mixture of historical and philosophical factors, which forms the general construction of the purposefulness of labor rights. In this construction, the interpretation of labor rights should be carried out within a specific framework. Through the understanding of the ephemeral and the common time, the right to labor is not an instrumental right, but a purposive right that includes both rights and obligations.

Article Details

How to Cite
Huang, L. (2022). Labor Rights in the Chinese Constitution. Journal of Research in Multidisciplinary Methods and Applications, 1(6), 01220106001. Retrieved from http://satursonpublishing.com/jrmma/article/view/a01220106001
Section
Articles

References

Deng Jianguang (2009), The Constitutional Protection of Labor rights in China and Its Perfection, Journal of Guangzhou University, PP.09-17.

Li Xianggang (2005), Citizens' Labor rights and Their Constitutional Remedies, The Frontier, pp.25-36.

Wang Dezhi (2014), On the Theoretical Construction of Labor rights in China's Constitution,Chinese Jurisprudence, 03-17.

Wang Qiang (2011), A Trial Analysis of the Provisions of Article 42(2) of the Constitution, and a Discussion of the Nature of the Constitutional Right to Labor, Proceedings of the Conference of the National Research Society on the History of Foreign Legal Systems.p.272.

Wang Kai (2008), On Labor rights and Labor Obligations in China's Constitution, The Jurist, pp.04-12.

Wang Xu (2010), Labor, Political Recognition and the Ethics of the State, Chinese Jurisprudence, p.06.

Xie Libin (2012), On Labor rights in China's Constitution, Constitutional Rights and Constitutionalism, Fu Hualing and Zhu Guobin (eds.), University of Hong Kong Press, pp. 157-188.

Zheng Xianjun (2010),Principles of Fundamental Rights, Law Press.