作者：阎 天
作者介绍：北京大学宪法与行政法研究中心研究员，北京大学法学院助理教授，法学博士
出版日期：2021年8月9日
内容提要 遵守劳动纪律被现行宪法规定为公 民的一项基本义务。该义务与宪法上 的诸多制度和目标存在密切联系，其发展演进的动力是国家、企业与个人三者利益关系的变 迁。遵守劳动纪律义务的原初含义主要是劳动者要接受国家教育以提高觉悟，从而同时实 现巩固政治、发展经济和改善民生的目标。现行宪法颁布后，遵守劳动纪律义务淡化政治目 标而突出经济目标，重点转向要求劳动者接受企业惩罚以加强服从，引发经济目标与民生目 标之 间的张力。21世纪以来 ，国家一方面为劳动者的服从设定法律限制，另一方面以敬业价 值为核心重塑纪律教育，促进了政治目标的复归和经济与民生目标的协调。遵守劳动纪律 义务的演进过程表明，公民基本义务并不因为带有道德内容或介入私人关系而不宜入宪，针 对其过度膨胀的风险也有应对之道。宪法要求公民遵守劳动纪律不仅正当而且可行。
关键词 劳动纪律 基本义务 宪法变迁 宪法解释
Abstract: Complying with workplace discipline is a fundamental obligation of citizens under the current Constitution of the People's Republic of China. This obligation is closely connected with multiple constitutional designs and objectives, and its evolution is driven by shifts in the relationships between the interests of the state, the business enterprises, and the individuals. The original meaning of the obligation to comply with workplace discipline entails primarily the worker's obligation to undergo the state's education in order to improve the worker's own political awareness. This serves the state's goals of solidifying its rule, developing the economy, and improving the people's welfare. With the adoption of the current Constitution in 1982, the political objectives of the obligation to comply with workplace discipline have gradually faded out, while the economic objectives became more salient. Accordingly, the emphasis shifted to fostering workplace obedience by requiring the employee's compliance with the employer's disciplinary punishments. This led to the tension between the economic and welfare goals of the state. Since the beginning of the 21 st century, however, the state has been imposing limits on the extent to which workers' compliance can be demanded. Meanwhile, the state has restructured its indoctrination regarding workplace discipline, which is now centered on the value of‘ work ethic'. Together, these efforts reinstated the political objectives of the duty to comply with workplace discipline and seek to harmonize the economic and welfare objectives. The evolution of the duty to comply with workplace discipline under the Chinese Constitution demonstrates that basic obligations of citizens are not matters inappropriate for constitutionalization simply because the obligations have a moral substance or have implications for private legal relationships, and that it is possible to control the risks of excessive expansion of such constitutional requirements. It is therefore proper and feasible for the Chinese Constitution to impose obligations on citizens to comply with workplace discipline.