Labor Criminal Law:Change of Concept and Perfection of Legislation
Tao Jiang
Abstract
Tao Jiang
Abstract
From the sense of the labor rule of law,labor criminal is the integration concept of criminal law and legal systems.Under the labor rule of law,the basic concept of criminal law should achieve major changes which is from the concept of rule of law to the concept of welfare state,from the idea of the superficial rule of law to the idea of the substantial rule of law,from nation-based philosophy to community-based philosophy,from strong-bit better idea to a bit-better idea.Based on these updated conception,the legislation of labor criminal law should have some basic changes that we should locate the rational position of trade unions in the legal status of the criminal law,coordinate the conflict between the criminal law and labor law as well as straighten out the conflict of the different labor crime.
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From the sense of the labor rule of law,labor criminal is the integration concept of criminal law and legal systems.Under the labor rule of law,the basic concept of criminal law should achieve major changes which is from the concept of rule of law to the concept of welfare state,from the idea of the superficial rule of law to the idea of the substantial rule of law,from nation-based philosophy to community-based philosophy,from strong-bit better idea to a bit-better idea.Based on these updated conception,the legislation of labor criminal law should have some basic changes that we should locate the rational position of trade unions in the legal status of the criminal law,coordinate the conflict between the criminal law and labor law as well as straighten out the conflict of the different labor crime.
Key concepts: Criminal law, Public law, Law, Philosophy of law, Civil law (Civil law), Municipal law, Legislation, Comparative law