劳动基准法的基本范畴和体系定位

劳动基准法在劳动法体系中具有独特的地位,对其概念的理解应强化其内涵特征,从而缩小并确定其外延范围。"基准"相较于"标准",其名称更能传达出法律概念的本意。采用劳动基准法的狭义概念,是由劳动基准法的公法性质所决定的。劳动基准法虽然属于公法,但也会产生私法效果,不能因此将其理解为公、私融合法而扩大其外延。即便劳动基准同时构成劳动合同的附随义务,劳动合同法中包含有劳动关系强行运行规则,均不影响劳动基准法与劳动合同法在劳动法内部体系中各自独立的定位。

A Study of the Basic Category and System Orientation of Labor Standard Law

Labor standard law has a unique position in the labor law system. To understand its notion, we should strengthen its connotation characteristics so as to narrow down and judge its extension. Compared with "standard", "benchmark" can better convey the original meaning of legal notions. The adoption of its narrow notion of the labor standard law is determined by the public law nature of the labor standard law. Although the labor standard law is included in the public law, it also has the effect of private law. Therefore, its extension cannot be expanded by considering it as a public-private integration law. Even if the labor standard constitutes the collateral obligation of the labor contract at the same time, and the labor contract law contains the forced operation rules of labor relations, which does not affect the independent positioning of the labor standard law and the labor contract law in the internal system of the labor law.