空中乘务员人身权利保护的困境与出路探究
发布时间：2018-12-18 21:11
【摘要】：空中乘务员作为一种独立的职业，其存在由来已久。近年来，随着民用航空业的发展，其队伍也逐渐壮大，空中乘务员人身权利保护也遇到了前所未有的挑战，空中乘务员在工作中遭遇人身权利受到侵犯的情形时有发生。因此，强调在法治的框架内对“空中乘务员”这一特殊群体的人身权利的法律制度保障确有必要。 本文在内容的铺陈上，共分五个章节来阐述空中乘务员人身权利保护的困境与出路这一命题。 第一章引言部分，主要交代本文写作的缘起，主要研究方法，主要思路和基本内容以及本文的创新与不足。 第二章阐述空中乘务员人身权利保护的基本理论，主要理清了空中乘务员的概念和职业发展历史，初步探讨了空中乘务员人身权利的特殊性和保护的可能性。 第三章分析我国空中乘务员人身权利保护的困境，从我国空中乘务员人身权利保护的现状入手，分析了我国空中乘务员人身权利保护的现实困境及现实困境产生的原因。我国现有的法律制度资源中有关空中乘务员人身权利的专门条款几乎难觅踪迹，散件于宪法、劳动法，民法等部门法中对人身权利保护条款，难以对空中乘务员的人身权利提供强有力的保护。同时，航空公司的优势地位观念和其对空中乘务员人身权利保障的忽视，以及空中乘务员人身权利自我保护尚未形成应有的权利自觉，导致了空中乘务人员权利保护存在困难。要化解这一现实难题，科学合理认识空中乘务员这一群体特征及其人身权利的特殊属性，是空中乘务员人身权利有效保障机制建构的基础。 第四章对国内与国外空中乘务员人身权利保护进行对比研究，通过对英美法系国家和大陆法系国家空中乘务员人身权利保护制度的对比与分析，提炼出对我国空中乘务员人身权利保护的启示：构建优良的企业文化，限制劳务派遣用工比例，以保护空中乘务员的合法权益。总之，检视国外有关空中乘务员人身权利保护的制度，无不直接或者间接地体现其对员工权利的重视，均为我国空中乘务员人身权利的保障提供良好借鉴。 第五章提出我国空中乘务员人身权利保护的具体出路设想，，从现有的立法模式的基本类型和我国空中乘务员人身权利保护的立法模式选择入手，分析分散型立法模式和专门型立法模式各自的优劣，考虑到立法成本、立法便捷等因素，指出综合型立法模式是进行空乘人员人身权利立法的理性选择，同时指出了我国空中乘务员人身权利保护的具体设想与行业保护机制。 总之，从价值层面来讲，空中乘务员的人身权利实现除了“人”自身全面实现的权利价值之外，还附带着秩序与安全的功能价值。如果这一特殊群体的人身权利得以保护和实现，那么我们作为普通人，权利受到保护的程度就会更高，更能凹显法制社会的内涵，我们的法治社会才能真正生成。
[Abstract]:Air crew as an independent profession, its existence has a long history. In recent years, with the development of civil aviation industry, its ranks are also gradually growing, air flight attendants' personal rights protection has also encountered unprecedented challenges, air flight attendants encountered violations of their personal rights from time to time. Therefore, it is necessary to guarantee the personal rights of this special group within the framework of the rule of law. In this paper, there are five chapters to explain the plight and the way out of the air crew's personal rights protection. The first chapter introduces the origin of the writing, the main research methods, the main ideas and basic contents, as well as the innovation and deficiency of this paper. The second chapter expounds the basic theory of the air crew's personal rights protection, mainly clarifies the concept and the professional development history of the air flight attendants, and preliminarily discusses the particularity and the possibility of the air crew's personal rights protection. The third chapter analyzes the plight of the air crew's personal rights protection in our country, starting with the present situation of the air crew's personal rights protection in China, analyzes the realistic predicament and the causes of the realistic predicament of the air crew's personal rights protection in our country. The special provisions concerning the personal rights of air crew members in the existing legal system resources of our country are almost hard to find. They are scattered in the constitution, labor law, civil law and other departmental laws on the protection of personal rights. It is difficult to provide strong protection for the personal rights of air crew members. At the same time, the superiority status of the airline and its neglect of the air crew's personal rights protection, as well as the air crew's personal rights self-protection has not yet formed the due right consciousness, which leads to the difficulties of the air crew's rights protection. In order to solve this practical problem, it is the foundation of the construction of effective safeguard mechanism for air flight attendants to understand scientifically and reasonably the characteristics of air crew as a group and the special attributes of their personal rights. The fourth chapter makes a comparative study on the protection of the personal rights of air crew members at home and abroad, through the comparison and analysis of the system of personal rights protection of air crew members in the countries of common law system and civil law system. In order to protect the legitimate rights and interests of air flight attendants, the author abstracts the enlightenment to the protection of the personal rights of flight attendants in China: to construct a good corporate culture and to limit the proportion of labor dispatch. In a word, the inspection of the foreign system on the protection of the personal rights of air flight attendants, all of which directly or indirectly reflect their emphasis on the rights of employees, provides a good reference for the protection of the personal rights of air crew members in our country. The fifth chapter puts forward the concrete way out of the air crew's personal rights protection in our country, starting with the basic types of the existing legislative model and the choice of the legislative mode of the air crew's personal rights protection in our country. This paper analyzes the advantages and disadvantages of the decentralized legislative model and the specialized legislative model, and points out that the comprehensive legislative model is the rational choice of the legislation on the personal rights of flight attendants, taking into account the factors such as the cost of legislation and the convenience of legislation. At the same time, the author points out the concrete idea and the industry protection mechanism of the air crew's personal rights protection in our country. In a word, from the value level, the realization of the personal rights of air flight attendants, in addition to the full realization of the right value of "human" itself, also carries with it the functional value of order and security. If the personal rights of this special group can be protected and realized, then as ordinary people, our rights will be protected to a higher degree, more concave the connotation of the legal society, our legal society can really produce.
【学位授予单位】：四川师范大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D923;D922.296
本文编号：2386503
[Abstract]:Air crew as an independent profession, its existence has a long history. In recent years, with the development of civil aviation industry, its ranks are also gradually growing, air flight attendants' personal rights protection has also encountered unprecedented challenges, air flight attendants encountered violations of their personal rights from time to time. Therefore, it is necessary to guarantee the personal rights of this special group within the framework of the rule of law. In this paper, there are five chapters to explain the plight and the way out of the air crew's personal rights protection. The first chapter introduces the origin of the writing, the main research methods, the main ideas and basic contents, as well as the innovation and deficiency of this paper. The second chapter expounds the basic theory of the air crew's personal rights protection, mainly clarifies the concept and the professional development history of the air flight attendants, and preliminarily discusses the particularity and the possibility of the air crew's personal rights protection. The third chapter analyzes the plight of the air crew's personal rights protection in our country, starting with the present situation of the air crew's personal rights protection in China, analyzes the realistic predicament and the causes of the realistic predicament of the air crew's personal rights protection in our country. The special provisions concerning the personal rights of air crew members in the existing legal system resources of our country are almost hard to find. They are scattered in the constitution, labor law, civil law and other departmental laws on the protection of personal rights. It is difficult to provide strong protection for the personal rights of air crew members. At the same time, the superiority status of the airline and its neglect of the air crew's personal rights protection, as well as the air crew's personal rights self-protection has not yet formed the due right consciousness, which leads to the difficulties of the air crew's rights protection. In order to solve this practical problem, it is the foundation of the construction of effective safeguard mechanism for air flight attendants to understand scientifically and reasonably the characteristics of air crew as a group and the special attributes of their personal rights. The fourth chapter makes a comparative study on the protection of the personal rights of air crew members at home and abroad, through the comparison and analysis of the system of personal rights protection of air crew members in the countries of common law system and civil law system. In order to protect the legitimate rights and interests of air flight attendants, the author abstracts the enlightenment to the protection of the personal rights of flight attendants in China: to construct a good corporate culture and to limit the proportion of labor dispatch. In a word, the inspection of the foreign system on the protection of the personal rights of air flight attendants, all of which directly or indirectly reflect their emphasis on the rights of employees, provides a good reference for the protection of the personal rights of air crew members in our country. The fifth chapter puts forward the concrete way out of the air crew's personal rights protection in our country, starting with the basic types of the existing legislative model and the choice of the legislative mode of the air crew's personal rights protection in our country. This paper analyzes the advantages and disadvantages of the decentralized legislative model and the specialized legislative model, and points out that the comprehensive legislative model is the rational choice of the legislation on the personal rights of flight attendants, taking into account the factors such as the cost of legislation and the convenience of legislation. At the same time, the author points out the concrete idea and the industry protection mechanism of the air crew's personal rights protection in our country. In a word, from the value level, the realization of the personal rights of air flight attendants, in addition to the full realization of the right value of "human" itself, also carries with it the functional value of order and security. If the personal rights of this special group can be protected and realized, then as ordinary people, our rights will be protected to a higher degree, more concave the connotation of the legal society, our legal society can really produce.
【学位授予单位】：四川师范大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D923;D922.296
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相关期刊论文 前3条
1 上官丕亮;生命权应当首先入宪[J];法学论坛;2003年04期
2 李广春;;空中乘务员流失原因及防范对策[J];特区经济;2012年11期
3 郝铁川;权利实现的差序格局[J];中国社会科学;2002年05期
本文编号：2386503
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