姜涛在《当代法学》2009年第2期撰文认为,从劳动法治意义上说,劳动刑法是法律理念与法律制度融合的产物。在劳动法治之下,劳动刑法的基本理念应实现从法治国家理念到福利国家理念、从形式法治理念到实质法治理念、从国家优位理念到社会优位理念、从强式公平理念到弱势公平理念 Jiang Tao in “Contemporary Law” 2009 the second period the author believes that the meaning of the labor rule of law, labor criminal law is the product of the legal concept and legal system integration. Under the rule of labor law, the basic concept of the labor criminal law should be realized from the idea of ​​a country under the rule of law to the idea of ​​a welfare state, from the concept of the rule of law to the idea of ​​a substantive rule of law, from the concept of national superiority to the concept of superiority of society, from strong and fair ideas to weak fairness idea