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劳动刑法在先发国家已成为一门显学,而此亦促使后发国家的刑法学生成新的学术视域:一是以先发国家的制度实践关照中国现实形成劳动刑法的中国话语;二是以劳动犯罪为对象的阐发研究形成了劳动刑法之“轻轻、重重”的罪刑结构;三是将倾斜保护与社会正义导入劳动刑法的价值系统引领劳动刑法进步;四是刑法对劳动权保护的介入性与对集体劳动争议的不轻易介入性是劳动刑法的核心命题。由此,劳动刑法的中国建构有望得到更准确的界定。
Labor criminal law has become a significant school in the starting-up countries, and this also prompts the criminal law students in emerging countries to form new academic sights: First, take the practice of the starting country as a reference to Chinese reality to form the Chinese discourse of labor criminal law; secondly, The study of labor crime as the object has formed the “light and heavy” crime and punishment structure of the labor criminal law; the third is the introduction of the system of the value of the slope protection and social justice into the labor criminal law to lead the progress of the labor criminal law; The interventional nature of protection and the non-interventionism of collective labor disputes are the core propositions of the labor criminal law. As a result, the construction of China’s labor penal law is expected to get a more accurate definition.