Retrieving Chinese Theory of Law of Labor:Intellectual Reflection on the Disengagement of Law of Labor from Public Law
Labor is an important topic of socialism and laborers are the masters of socialism.The Law of Labor is an important feature that distinguishes China's political and legal system from that of the West.After reform and opening up,legal scholars,from the perspective of legal globalization,have put forward the proposition of"labor law as a special private law"and put it into legal practice.Labor law,as understood in the logic of private law,cannot explain the problems caused by the substantive inequality between labor and management,and the frequent,non-economic demands of the workers engaged in struggles mean that the logic of private law has failed both theoretically and practically.This requires us to respect the master status of laborers and re-under-stand the legal nature and significance of the China's labor law as a"special public law".It is not only the entry point for understanding socialist legal theory,but is also helpful to our understanding of the prescription of law in the initial stage of socialism,the construction of a system of legal discourse with Chinese characteristics,the pursuit of well-coordinated efficiency and justice by the majority of developing countries,and the achievement of economic development in the balance of labor-management relations.It also better explains the second-genera-tion human rights theory,with the right to development as the core,and transcends China's local knowledge to attain universal world significance.
labor lawdisengagement from public lawpolitical and legal systemlocal knowledgeglobal signifi-cance
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