论我国刑法的劳动保护

On China's Labor Protection of the Criminal Law of the CPC

刑法的劳动保护 ,是国家劳动保护的一个重要方面 ,我国刑法通过规定重大劳动安全事故罪和强迫职工劳动罪 ,构筑了劳保刑法的体系。但分析刑法劳动保护的客体 ,会发现一个显而易见的问题 ,即刑法设定的劳动保护的范围过于狭窄 ,尚有不少应通过刑法规制的行为处于刑事立法的盲区 ,显现出刑事立法的不足。这些行为如招用童工、虐待用工、隐瞒重大事故隐患、职业病扩散与蔓延等 ,亟待通过新的立法予以解决。

Labor protection is an important aspect of the Criminal Law of the CPC.This law forms the system of China's labor protection of the Criminal Law of the CPC by stipulating the crimes of serious labor safety accidents and compelling workers to work. We have found an obvious problem through an analysis on the object of labor protection of the Criminal Law of the CPC. The scope of labor protection of this law is very narrow. There are some aspects that this law does not relate to. This fact shows that the Law has some defects. These behaviours such as recruiting child labor and maltreating them, hiding serious accidents, spreading occupational disease and so on. It is necessary to promulgate a new decree in order to resolve these problems.