CAJ | 학술논문

面对新时代的劳工问题，特别是“新生代农民工”问题，经典理论遭遇“中国特色”的诸多挑战。本文从社会结构性视角探讨权力、资本和劳工的关系与互动，讨论在中国特定的制度背景与转型过程中，工人阶级的形成与公民社会的生成有着怎样的关系。研究认为，对工人而言，公民的基本权利就体现为各项劳动权利的实现和保障、劳工的组织化权利的落实；公民权利是工人阶级形成的前提条件，劳工阶级的出路在于形成自主的社会力量。工人的公民化过程，劳工权利亦即公民权利的获得与保护是解决劳资矛盾和转型正义的根本途径。就劳工问题而言，以能动社会的建设为先导，同时推进公民社会的建设，也许更为可行。
면대신시대적노공문제，특별시“신생대농민공”문제，경전이론조우“중국특색”적제다도전。본문종사회결구성시각탐토권력、자본화노공적관계여호동，토론재중국특정적제도배경여전형과정중，공인계급적형성여공민사회적생성유착즘양적관계。연구인위，대공인이언，공민적기본권리취체현위각항노동권리적실현화보장、노공적조직화권리적락실；공민권리시공인계급형성적전제조건，노공계급적출로재우형성자주적사회역량。공인적공민화과정，노공권리역즉공민권리적획득여보호시해결로자모순화전형정의적근본도경。취노공문제이언，이능동사회적건설위선도，동시추진공민사회적건설，야허경위가행。
As both a production and social matter, particularly a class matter, the topic of labor was important worldwide and became the focus of social science research and thinking which has given rise to a lot of classical theories. In this era of capital globalization, while the labor movement seems like a fading trend in all the major capitalist countries, Chinese workers pose unique stances., not only because of their huge numbers, but also because of their miserable living conditions, as well as the compelling forms of their struggles. The background of all these issues is the collusion between capital and power, which has been called ＂Chinese characteristics＂. Facing labor issues in the new era, especially dealing with the ＂new generation of migrant workers＂, the classical theories have encountered many challenges from ＂Chinese characteristics＂. This paper aims to explore the relationship between the working-class formation and the emergence of civil society, within the context of the specific institutional allocation and the transformation process in China. Drawing upon structuration theory, it pays special attention to structural forces such as political power, capital and labor, and their interactions. This study suggests that for Chinese workers, the basic citizenship rights are embodied in the implementation of working rights and also of the rights to organize. Therefore, the citizenship rights are the premise of the working- class formation in China, and the way out for working class lies in the fact that they become independent social forces. As a conclusion, the formation of the new working- class and the development of the civil society in China must be a simultaneous process. In other words, the labor movement itself is an important part of civil society building. And the process for Chinese workers to access full citizenship rights, namely the acquisition and protection of working rights--the basic citizenship rights, are fundamental for the solution of the conflicts between labor and capital, and also for the justice during the transformation.