劳动力权与劳动权、劳权之辨析——兼论劳动力权的法治价值

The Comparative Study of the Right of Labor Ability,the Right to Work and the Right of Laborer——To Discuss the Law Value on the Right of Labor Ability

劳动力是存在于活的人体内具有能动性的、创造财富的能力。劳动力权是维系个人与整个社会增量利益的重要权利,是劳动力权的出卖者与购买者在进行物质利益的交换过程中,发生各种关系时所享有的一切经济利益权。劳动权与劳权,是与劳动力权相关但不同的权利类型。对这三者的比较分析是加强劳动力权保护、构建劳动力权法律体系的理论基础。

Labor ability is capacity of initiative and ability to create wealth, which is be owned by everyone. Labor ability fight is important for maintaining the incremental interests of individuals and society as a whole. At the same time it is the right of economic interests which exists in the exchange process of the seller and buyer of labor ability right. The fight to work and the fight of laborer are rights which have some connections with the right of labor ability, meanwhile they are three different kinds of fights. The comparative study between them is the theoretical foundation of protecting labor ability right and building the legal system of labor ability right.