劳动法是管制和自治的融合,属于社会法的范畴,其价值取向应当是通过对劳动者的倾斜保护来达到实质公正,实现追求社会公共利益最大化的目的。劳资关系和劳工权利保护需要国家立法干预,但是适当的干预并不是让国家立法直接代替企业决策,而是通过法律建立起保证劳资平等公决、企业理性自治的制度。作为社会本位法,劳动法中的国家管制和劳资双方的自治必须是相结合的。劳动法应当关注公权力的介入尺度,探索劳动法管制与自治良好途径,使劳动法发挥社会法应有的功能。 Labor law is a combination of control and autonomy. It belongs to the category of social law. Its value orientation should be achieved through the sloping protection of laborers so as to achieve substantive justice and achieve the goal of maximizing the public interests. Labor relations and the protection of labor rights require state legislation to intervene. However, proper intervention does not allow national legislation to directly replace business decision-making. Rather, it establishes a system of guaranteeing a labor equality vote and a business rational autonomy through law. As a social-based law, the state control in labor law and the autonomy of both employers and employees must be combined. Labor law should pay attention to the scale of intervention of public power and explore good ways to control and autonomy of labor law so that labor law can bring its law into full play.