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风险社会已经到来,对现代风险的认识和处置是一个价值判断问题。不同社会群体,对风险的认识和承担存在差异。转型期的中国社会正经历劳动主体的分化更新,农民工、网络劳工、小微企业雇工、跨境劳工、派遣劳工和地下经济中的劳动者,是其新型代表。于是,法治国、社会国和环境国风险治理和权益保障的话语和实践交相呼应,呈拼缝格局。直面劳工弱势群体高风险、不安全现状,知性悲观、意志乐观仍应是风险法治和劳工权益保障发展和完善的基调。
Risk society has come, awareness and disposal of modern risk is a value judgments issue. Different social groups, differences in understanding and commitment to risk. The Chinese society in transition is experiencing the differentiation and renewal of the main labor force. It is a new representative of migrant workers, online workers, employees of small and micro enterprises, cross-border workers, workers dispatched and workers in the underground economy. Thus, the rule of law, social and environmental state environmental governance and rights and interests of the discourse and practice echoed, was patchwork pattern. Faced with the high-risk and unsafe status quo of disadvantaged groups in the labor force, intellectual pessimism and optimism should remain the key tone for the development and improvement of risk-based laws and protection of labor rights and interests.