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针对法律衡平与劳权保障中的现代劳动法的价值理念及其实现探析了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,存在着实质上是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、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。
The Value Concept and Its Realization of Modern Labor Law in the Process of Equity in Laws and Labor Rights Protection In the context of market economy, the labor force is in a disadvantaged position relative to those employed by workers. In the course of concluding and fulfilling a labor contract with workers, In essence, the legal inequality is masked by the equality of laws. 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 contemporary China's labor legal system, labor legislation, judicature and law enforcement work simultaneously, in order to effectively protect the legitimate rights and interests of workers formed a legal mechanism to play a positive role in promoting.