Systematization and Codification in Labor Law Formulation
The systematization and codification in labor law are two different propositions related to each other.Codification depends on the relationship between law and legal organism,and has the na-ture of being closed externally and self-consistent internally.It can be seen that labor law is not necessar-ily associated with codification through the historical tracing of both French labor code and Russian la-bor code.Systematization depends on the relationship between law and social organism,which mainly reflects the requirements of socialization and has the characteristics of opening to the outside world and internal pluralism.The social organism is generated according to the logic of problems and countermea-sures.The hierarchical relationship of contractual society,group society and welfare society are the pri-mary focus,and the social policy law that should be concerned involves the relationship between three kinds of power and three kinds of rights.Whether labor law can be transformed into labor code depends on the interrelation between legal organism and social organism,and the overlapping part of the two or-ganisms also becomes the focus of codification and systematization.The good relationship between so-cialization and codification is the prerequisite for the production of labor code,while there is not reached in our country at present.The codification of labor code should be accountable to offspring,and should prevent the phenomenon of taking resistance as help and regarding restrictive conditions as facili-tating conditions.
labor codelegal organismsocial organismorder lawregulatory law
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维普
