论《劳动合同法》的理论价值与现实意义——兼评对《劳动合同法》的有关责难

Theoretical Value and Practical Significance of Labor Contract Law

《劳动合同法》的理论价值在于,体现了工具理性与价值理性并重的新理念,将政治学理论引入企业管理理论,坚持了劳动价值论,彰显了矫正正义这一社会法的理念;其现实意义在于,有利于保持社会稳定与和谐,有利于实现供求平衡,有利于市场公平竞争,有利于企业持续发展,也有利于我国法治建设。关于《劳动合同法》危害国家利益、断送30年改革开放成果、增加失业的责难,理论上缺乏依据,实践上也是站不住脚的。至于外商投资转移,基本上与《劳动合同法》无关;而金融危机后出口企业的倒闭问题,恰恰是低工资导致的内需不足造成的。因此,目前应该做的是强化而不是削弱劳动法。

The theoretical value of Labor Contract Law consists in the following： the Law embodies a new notion which combines instrumental reason with value reason; it introduces political theory into administrative theory; it adheres to the concept of labor value, thus highlighting the notion of the social law of corrective justice. The practical significance of Labor Contract Law exists in the following aspects： the Law is conducive to maintaining social stability and harmony; it will help realize the balance between supply and demand; it will facilitate fair market competition and promote sustained development of corporations or enterprises; also it will expedite legal construction of our country. However, the Law has been censured. It is claimed that the Law will endanger national interests, that it will ruin achievements scored over the past 30 years of China＇ s reform and opening to the outside world, and that it will cause more people to become unemployed. Obviously, such sharp criticisms are theoretically groundless and practically untenable. As to the shutdown of some export - oriented enterprises after the occurrence of the financial crisis, it is the result of insufficient demand of the domestic market because of low wages. Therefore, what should be done is to reinforce rather than weaken Labor Contract Law.