论新时代实施劳动法的多元进路

Multi-tier Approach of Implementing Labor Law in the New Era

习近平总书记在党的十九大报告中指出:"中国特色社会主义进入新时代,我国社会主要矛盾已经转化为人民日益增长的美好生活需要和不平衡不充分的发展之间的矛盾"。在劳动法实施当中,劳动者对权益保护需求提升与制度供给跟不上之间的矛盾正日渐凸显。在新时代背景下劳动法实施困境实则源于对政府单边供给模式的墨守、对蕴藏在劳动关系中多元主体互动的忽视。我国劳动力市场主体利益多元化已经成为现实,其中固然有对抗劳动法的阻滞力量,但也不乏践行劳动法的积极力量。执法者当下之要务把握新时代劳动关系的新特点,通过对时下劳动法利益格局进行精妙微调,借助多元互动来落实劳动法。

Xi Jinping-General Secretary of the CPC-has pointed out in 19 th CPC National Congress： ＂as socialism with Chinese characteristics has entered a new era,what we now face is the contradiction between unbalanced and inadequate development and the people ＇ s ever-growing needs for a better life. ＂ Within similar vein, the contradiction between the workers ＇ growing needs for better protection of rights and interests and the insufficient supplies of institutional mechanism in the field of labor law implementation. The author believes it is the overemphasis on government ＇ s unilateral enforcement and ignorance of the interaction amongst multiple players within labor relations that causes the dilemma of implementing labor law in the New Era. Indeed,the interests of the labor market players has become diversified,which,of course,contains resistance against labor law and at same time includes the positive force for protecting labor rights. Law and enforcement agents ought to grasp the new character of the labor relation in the New Era and take the advantage of the interaction of multiple players through subtle alteration of labor interests framework to implement labor law.