2014 Fiscal Year Final Research Report
The full-scale study of the right to work in China
| Project/Area Number |
23683001
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| Research Category |
Grant-in-Aid for Young Scientists (A)
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| Allocation Type | Single-year Grants |
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| Research Field |
Fundamental law
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| Research Institution | Waseda University |
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Principal Investigator |
MITARAI DAISUKE 早稲田大学, 法学学術院, 招聘研究員 (80553099)
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| Project Period (FY) |
2011-04-01 – 2015-03-31
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| Keywords | 現代中国法 / 権利論 / 労働権 / 法による支配 / 合法性 / 立法権 / 法の支配 |
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| Outline of Final Research Achievements |
PRC law has structure not to protect the right with the defect. The rights and obligation prescribed by legal acts acquires legal protection. And the actions which is applied for the protection need to observe all provisions of the regulations to be observed on its part.
The right to work is the prototype of the right that PRC law establishes. We can prove the structure mentioned above from the analysis of the formation process of the right to work. When legal value for labor accords with legal work force, the right to work in China is protected. If the value that law prescribes dose not accord the work force that law prescribes, the legal protection cannot be rightfully required.
This right theory causes the international issues that PRC is related to. PRC insists on the right that it legalized in a domestic law globally. PRC acts based on this right theory. It is a problem to be the latter-day problems which cannot be said that this right theory promotes a shift to rule of law.
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| Free Research Field |
法学
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