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针对法律衡平与劳权保障:现代劳动法的价值理念及其实现,探析了法律衡平与劳权保障在市场经济条件下劳动者相对于用工者所处于弱势地位,与其用工者在订立与履行劳动契约过程中,存在着实质上的以法律形式平等掩盖了双方的实际不平等地位。这就要求现代劳动法应以约束和规范用工者劳动用工行为,保护劳动者合法权益为立法价值取向,要在法律上形成劳动基准制度、最低工资保障制度和劳动监察制度,运用法律手段衡平劳动者与用工者之间的权利义务关系。对于当代中国的劳动法制建设而言,同样需要我们要做到劳动立法、司法与执法工作并举,为有效保障劳动者合法权益法律机制的形成起到积极的推动作用。
In view of legal balance and protection of labor rights: the concept of value of modern labor law and its realization, this paper analyzes the legal balance and the protection of labor rights in the market economy under the conditions of workers in a disadvantaged position relative to those who use workers with their workers in the establishment and implementation of labor In the contractual process, there is a substantive legal equality that masks the actual inequalities of both parties. This requires that the modern labor law should restrict and standardize the labor and employment behavior of workers and protect the legitimate rights and interests of workers as the legislative value orientation. It is necessary to form the labor benchmark system, the minimum wage guarantee system and the labor inspection system in law, and balance the labor by legal means And the rights and obligations between workers. For the construction of the legal system of labor in contemporary China, it is equally necessary for us to work simultaneously in labor legislation, judicature and law enforcement, and play an active role in promoting the formation of a legal mechanism that effectively protects the legitimate rights and interests of workers.