2008Shanghai Caijing Daxue xuebaoRequires access

On Labour Right as a Basic Right in Economic Law: With a Study on Breaking Three Theoretical Barriers to Research on Rights of Economic Law

Chen Nai-xin

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Abstract

Summarized from a large number of economic laws and regulations in modern times,economic law which is different from private and public laws existing in previous natural economy of individual small-scale production and simple commodity economy attaching to natural economy,is the result of the changes from individual production to socialized production or cooperative production and from commodity exchange for meeting individual needs to competitive exchange for profits.While studying rights of economic law,we must break through not only the limit of traditional private right thought,but also the ristrictions of public right thought and the scope of law.Then we find that economic law is relevant with these phenomena that people won't lose their creative profits under cooperative production and won't miss chances to create profits under competition,and the government only benefits from cooperating with market subjects to increase the whole society's interests by means of market supervison and control,macro-adjustment and so on,so economic law is a modern law which regardes labour right as one of its basic rights.

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Summarized from a large number of economic laws and regulations in modern times,economic law which is different from private and public laws existing in previous natural economy of individual small-scale production and simple commodity economy attaching to natural economy,is the result of the changes from individual production to socialized production or cooperative production and from commodity exchange for meeting individual needs to competitive exchange for profits.While studying rights of economic law,we must break through not only the limit of traditional private right thought,but also the ristrictions of public right thought and the scope of law.Then we find that economic law is relevant with these phenomena that people won't lose their creative profits under cooperative production and won't miss chances to create profits under competition,and the government only benefits from cooperating with market subjects to increase the whole society's interests by means of market supervison and control,macro-adjustment and so on,so economic law is a modern law which regardes labour right as one of its basic rights.

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Available abstract

Summarized from a large number of economic laws and regulations in modern times,economic law which is different from private and public laws existing in previous natural economy of individual small-scale production and simple commodity economy attaching to natural economy,is the result of the changes from individual production to socialized production or cooperative production and from commodity exchange for meeting individual needs to competitive exchange for profits.While studying rights of economic law,we must break through not only the limit of traditional private right thought,but also the ristrictions of public right thought and the scope of law.Then we find that economic law is relevant with these phenomena that people won't lose their creative profits under cooperative production and won't miss chances to create profits under competition,and the government only benefits from cooperating with market subjects to increase the whole society's interests by means of market supervison and control,macro-adjustment and so on,so economic law is a modern law which regardes labour right as one of its basic rights.

Key concepts: Economics, Economic law, Commodity, Law, Production (economics), Market economy, Government (linguistics), Commercial law

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On Labour Right as a Basic Right in Economic Law: With a Study on Breaking Three Theoretical Barriers to Research on Rights of Economic Law — Research Paper | ScholarLens