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伦理传承与法治推进:共同体理念下民族地区和谐劳动关系的双重保障
引用本文:王 杰,王允武. 伦理传承与法治推进:共同体理念下民族地区和谐劳动关系的双重保障[J]. 民族学刊, 2023, 14(1): 95-102, 150
作者姓名:王 杰  王允武
作者单位:四川师范大学纪检监察学院;西南民族大学法学院
基金项目:司法部国家法治与法学理论研究项目“城市涉民族因素事件的法律治理”(17SFB3005)、四川省社会科学重点研究基地——地方文化资源保护与开发研究中心课题“藏族传统经济伦理文化研究”(DFWH2019-032)
摘    要:民族地区劳动关系的和谐发展是中华民族共同体建设的重要内容,二者在经济、文化和社会等方面密切相关。民族地区的市场性、区域性与传承性,使得其劳动关系的和谐发展需要经济伦理和法治机制双重保障。经济伦理是经济活动传承性的写照,从内部支持和保障民族地区劳动关系的和谐发展,法治则是其外部保障。在中华民族共同体理念下,唯有重视伦理传承与法治推进双重保障的互补与统一,才能有效构建民族地区和谐劳动关系。

关 键 词:共同体;民族地区;劳动关系;伦理;法治

Inheritance of Ethical Standards and Promotion of Rule of Law: Dual Guarantee of Harmonious Labor Relations in Ethnic Minority Areas Following the Concept of the Community for the Chinese Nation
Wang Jie,Wang Yunwu. Inheritance of Ethical Standards and Promotion of Rule of Law: Dual Guarantee of Harmonious Labor Relations in Ethnic Minority Areas Following the Concept of the Community for the Chinese Nation[J]. JOURNAL OF ETHNOLOGY, 2023, 14(1): 95-102, 150
Authors:Wang Jie  Wang Yunwu
Affiliation:School of Discipline Inspection and Supervision, Sichuan Normal University; School of Law, Southwest Minzu University
Abstract:The Communist Party of China and the Chinese government attach great importance to economic development and employment in ethnic minority areas. Building harmonious labor relations is one of the key issues affecting employment. Economic development and employment in ethnic minority areas face specific problems such as ethnic relations and ethnic culture inheritance. It is necessary to reasonably inherit traditional economic ethics while carrying out national laws and policies. The construction of harmonious labor relations in ethnic minority areas is an important part of the construction of the Chinese national community, which is reflected in the aspects of economy, culture, and society. The dual guarantee of inheritance of ethical standards and the promotion of the rule of law is the inevitable path for the construction of harmonious labor relations in ethnic areas. The Chinese national community is an objective portrayal of the history and real life of 56 ethnic groups. Through long-term communication, interaction, and integration, all ethnic groups have forged stable social and historical links in the Chinese national community and further formed a new type of stable relations in politics, economy, culture, and society. The construction of harmonious labor relations in ethnic minority areas is a typical micro path to forge the consciousness of the Chinese national community in the new era, and its construction must pay attention to the ethical mechanism in line with the economic law. Meanwhile, both the macro framework of the construction of the Chinese national community and the micro construction of harmonious labor relations in ethnic minority areas should follow the concept of socialist rule of law. The general or specific contents of harmonious labor relations in ethnic minority areas need to be guaranteed by the rule of law. The construction of harmonious labor relations in ethnic minority areas should not be limited to the thinking of rule of law. Under the relatively stable macro-economic situation, an economic ethics adjustment mechanism and rule of law regulatory mechanism constitute a dual guarantee for the construction of harmonious labor relations in ethnic minority areas. There is a mutually complementary relationship between them.Under the concept of community for the Chinese nation, there is an intrinsic unity in how the two mechanisms operate, therefore, 1) government economic departments and relevant labor administrative organs should not only attach importance to the establishment of the rule of law and the adaptation of the legal mechanism of labor relations in ethnic minority areas to the local state of affairs but also value the traditional economic values and ethics of ethnic minorities. 2) The operation of economic ethical standards and rule of law mechanisms needs to be practiced actively by the subjects of labor relations. The labor subjects and laborers in ethnic minority areas should abide by the laws and regulation when dealing with labor relations and also follow the economic ethics contained in their own ethnic culture. 3) The operation of economic ethical mechanisms should not violate the principle of rule of law. Not only will the idea of economic ethics enter into labor law, but also the operation of economic ethics will eventually come into effect according to the principle of rule of law, and reasonably and legitimately promote the shaping of harmonious labor relations in ethnic minority areas.
Keywords:community   ethnic minority areas   labor relations   ethics   rule of law
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