民国时期国民政府矿工保护法律制度研究
发布时间：2018-08-31 09:21
【摘要】：民国时期,战乱不断、中西碰撞,社会处于一个大转型时期。国民政府首创许多制度以应对和解决社会中种种难题,矿工保护法律制度就是其中之一。为了缓和劳资矛盾、发展生产,国民政府制订了大量的矿工保护法律,如《矿业条例》、《矿工待遇草案》、《矿业保安规则》、《矿场法》等,初步构建了国民政府的矿工保护法制,这是中国近代史上第一次专门制定和颁布有关矿工保护方面的立法。而条文内容也体现了保护矿工健康与安全的近现代劳工立法理念,在矿工保护法制实施方面也极尽努力。当然,由于立法内容与实践的严重脱节、战乱不断的国内环境等原因,国民政府矿工保护法制的实施是乏力的、有限的。长期以来,就如何评价民国时期国民政府的矿工保护法律制度存在不同的观点,笔者在资料收集、整理以及分析的过程中,认为应该以一种客观、公正的态度进行认识和评价。不可否认,民国时期国民政府在矿工保护立法上所取得的成就是巨大的,其实施的努力以及取得的成效也是值得肯定的。以史为鉴,方知得失。国民政府在矿工保护方面进行了诸多立法建构和实施尝试,给我们留下了许多宝贵的经验和教训,对如何深入、有效地实施和推行矿工保护法律制度提供了有益的参考、借鉴和反思。也许这就是笔者研究民国时期国民政府矿工法律制度最大的价值和意义所在。
[Abstract]:During the period of Republic of China, the conflict between China and the West continued, and the society was in a period of great transformation. The National Government initiated many systems to deal with and solve various social problems, one of which is the legal system of miner protection. In order to ease the contradiction between labor and capital and to develop production, the National Government has formulated a large number of laws on the protection of miners, such as the Mining regulations, the draft of the treatment of miners, the rules of Mining Security, and the Mining Field Law, etc., and has preliminarily established the national government's legal system for the protection of miners. This is the first time in recent history that China has specifically enacted and promulgated legislation on the protection of miners. The content of the article also embodies the modern labor legislation idea of protecting miners' health and safety, and makes great efforts in the implementation of the legal system of miner protection. Of course, due to the serious disconnection between legislation content and practice, and the constant domestic environment, the implementation of the national government miner protection law is weak and limited. For a long time, there are different views on how to evaluate the legal system of miner protection of the National Government of the Republic of China. In the process of collecting, arranging and analyzing the data, the author thinks that we should take an objective and fair attitude to understand and evaluate the law system of miner protection. There is no denying that the national government made great achievements in the legislation of miner protection during the period of the Republic of China, and its implementation efforts and achievements are also worthy of recognition. Take history as a mirror to know the gains and losses. The national government has carried on many legislative construction and the implementation attempt in the miner protection aspect, has left many precious experiences and lessons to us, has provided the beneficial reference to how to carry out and carry out the miner protection legal system in depth and effectively. Reference and reflection. Perhaps this is the greatest value and significance of the study on the miner legal system of the National Government in the Republic of China.
【学位授予单位】：中国矿业大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：K258;D929;D922.5
本文编号：2214567
[Abstract]:During the period of Republic of China, the conflict between China and the West continued, and the society was in a period of great transformation. The National Government initiated many systems to deal with and solve various social problems, one of which is the legal system of miner protection. In order to ease the contradiction between labor and capital and to develop production, the National Government has formulated a large number of laws on the protection of miners, such as the Mining regulations, the draft of the treatment of miners, the rules of Mining Security, and the Mining Field Law, etc., and has preliminarily established the national government's legal system for the protection of miners. This is the first time in recent history that China has specifically enacted and promulgated legislation on the protection of miners. The content of the article also embodies the modern labor legislation idea of protecting miners' health and safety, and makes great efforts in the implementation of the legal system of miner protection. Of course, due to the serious disconnection between legislation content and practice, and the constant domestic environment, the implementation of the national government miner protection law is weak and limited. For a long time, there are different views on how to evaluate the legal system of miner protection of the National Government of the Republic of China. In the process of collecting, arranging and analyzing the data, the author thinks that we should take an objective and fair attitude to understand and evaluate the law system of miner protection. There is no denying that the national government made great achievements in the legislation of miner protection during the period of the Republic of China, and its implementation efforts and achievements are also worthy of recognition. Take history as a mirror to know the gains and losses. The national government has carried on many legislative construction and the implementation attempt in the miner protection aspect, has left many precious experiences and lessons to us, has provided the beneficial reference to how to carry out and carry out the miner protection legal system in depth and effectively. Reference and reflection. Perhaps this is the greatest value and significance of the study on the miner legal system of the National Government in the Republic of China.
【学位授予单位】：中国矿业大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：K258;D929;D922.5
【参考文献】
相关博士学位论文 前1条
1 王芹;民国时期档案法规研究[D];苏州大学;2009年
，本文编号：2214567
本文链接：https://www.wllwen.com/shekelunwen/zgjxds/2214567.html
