劳动刑法若干问题研究

劳动刑法是西方国家刑法学的一个重要分支学科.无论是从劳动刑法存在的现实基础,还是从劳动刑法的研究对象、内容、目标以及基本结构上分析,均可认为劳动刑法具有独立的刑法学分支学科地位.人类社会发展表明,劳动权是人权的重要组成部分,是公民生存权与发展权的基本内容.因此,保护以基本人权为外壳的劳动法益,应当是劳动刑法存在的起点与终点.基于有效、有力保护劳动法益的需要,我国亦应从"大刑法"中分解出劳动刑法,专门对之进行系统化、理性化的研究.

A Study on Issues about Work Criminal Law

The work criminal law is an important branch discipline of criminal law in western country. Weather analysis by it's realistic foundation or it's object of study, the content, the goal as well as the basic structure, we may think the work criminal law has the independent discipline status in criminal law. The human society development indicated that the right to work is the important constituent in human rights, and it is basic content of the right to subsistence and the right to development enjoyed by citizen. Therefore, the beginning and the end of the work criminal law is to protect labor law profit taking the basic human rights as it's outer covering.Based on needing protect labor law profit effectively and powerful, we should decompose the work criminal law from "the big criminal law" and special research on it with systematization and rationalization.