法教义学视角下高级管理人员适用劳动法问题分析

The Application of Labor Law to Senior Managers from the Perspective of Legal Dogmatics

基于现行规范检视高级管理人员适用劳动法问题,既是修订劳动法的基础性工作,也是破解裁判困境的重要出路。首先,由概念到类型,对高级管理人员作类型化分析,明确身份认定所依据的要素及其重要性次序。其次,由身份到行为,从微观层面分析高级管理人员的行为,回归行为的过错要素、诚信要素和合意要素,以矫正利益关系。最后,由单一到多元,关注裁判结果的合理性、事物的客观本质以及法秩序的统一性。法教义学在劳动法领域的运用,必将助益于劳动法解释论的实践,进而推动劳动法立法论的发展,最终增强劳动法的体系性和融贯性。

Examining the application of labor law to senior managers based on current norms is not only the basic work of revising labor law, but also an important way to solve the predicament of judgment. First, from the concept to the type, type and analyze the senior managers to make clear the elements and the order of importance on which the identity identification is based.Second, from identity to behavior, analyze the behavior of senior managers from the micro level and return to the fault elements, integrity elements and consensual elements of behavior in order to correct the interest relationship. Finally, from singleness to pluralism, pay attention to the rationality of the result of judgment, the objective essence of things and the unity of legal order.The application of legal dogmatics in the field of labor law will be beneficial to the practice of the theory of interpretation of labor law, then promote the development of the theory of legislation of labor law, and finally enhance the systematicity and consistency of labor law.