劳资关系伦理的法学意蕴

The Legal Implications of the Ethics Relationship Between Labor and Capital

劳资关系乃是具有社会伦理特质的社会生产关系,它经历了从相互斗争对立到合作共赢的伦理变迁过程。劳资伦理具有契约平权性、组织协作性和身份隶属性等法权内涵。劳资关系伦理内蕴有对劳资双方当事人的应然性权利义务要求,要求双方应承担起各自的伦理责任和德行义务。劳资伦理维护是劳动立法的价值判断基础,是劳动行政执法、仲裁和司法的定纷止争目标,是和谐劳资关系建构的社会条件保障。厘清与弘扬劳资关系伦理,有助于劳动关系的法治化与社会主义核心价值观的有效实现。

The labor relationship is the social relations of production with social ethical qualities. It has experi- enced the process of ethical change from the opposition of struggle to the win-win cooperation, h has ethical legal characteristics ,such as equal rights, contract coordination and organization identity belonging, etc. The Intrinsic meaning of the labor and capital ethics ought to be right and obligation requirements, request both parties should as- sume their respective responsibilities and obligations of ethics. The relationship between labor and capital is the basis of labor legislation. It is the basis of labor administrative law enforcement, arbitration and judicial decision. It is the social condition guarantee for the construction of harmonious labor capital relations. Clarifying and developing the ethical relations between labor and capital is helpful to the rule of law and the effective realization of the socialist core values.