当代中国视野下的工作权

当下的许多国家都在宪法或相关法律中明确规定了工作权,并对其内容、实现方式、保障机制等方面作了较为详细的规定。但我国仅在现行宪法第42条中规定了公民有劳动的权利和义务,对其实现方式、义务主体等方面的规定也较为笼统。工作权是一项基本人权,应被写进一国的宪法之中,只有这样才能更好地对其加以保护。

The Right to Work under the Visual Field of the Contemporary China

Whether England,American and other common law system countries,or German,France and other civil law system countries.they all have clearly set the right to work in their constitutions and laws.Its content,realization,safeguard mechanism are also ruled.However,in contrast,China stipulates it only in the current constitution,it says that the Chinese citizen has the labor right and the labor obligation in the article forty second.Its implementation method,compulsory subject and etc are general.In my opinion,it is unappropriate.As a basic human right,the right to work should be written into the constitution and the basic law,only in this way can it be well protected.Meanwhile the right to work is a huge project and also is a bunch of rights,and its realization is a dynamic process,it also has some distinct characteristics in this piece of Chinese soil.Though we have made some achievements,we should pay attention to the obstacles during its forward process way.According to this problem,the author tries to put forward some countermeasures to reduce its obstruction so that it can effectively play its social function and makes for the harmonious development of the whole society.