| Summary: | 碩士 === 淡江大學 === 日本研究所碩士班 === 94 === Under the free economic system of capitalism, most people became the labors hired by the capitalists during the process of industrial revolution and industrialization Labors earn a living to survive by the means of labor force while the capitalists make quite abundant and rapid benefits by the means of accumulating capitals. Based on the freedom of contract, the capitals can take greater advantages economically and seize the predominant right to make all labor conditions; therefore, the labors would be in a weaker position compared to the capitalists, and in the end fail to resist the capitalists. Capitalists often resort to sacrifice the health and the life safety of the labors to conserve the production cost with a view to gaining the most profits. Therefore, it makes the labor conditions keep going from bad to worse, which not only damages the survival rights of each individual labor, but also enlarges the distance between the poor and the rich, and in the end causes the antagonism among the classes and the insecurity of the society.
In Japan, the basic labor rights is being protected under the highest law – constitution; however, due to this country’s individual background of history, culture, political environment and labor consciousness, the labor rights is not being practiced as how it should be practiced in the constitution. These also make Japan’s situation of labor rights different with other developed western countries. These problems mentioned above are the main reasons which caused the motive of this dissertation.
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