Research On The Dilemma And Improvement Path Of China's Labor Contract Suspension System

The suspension of labor contract is not clearly stipulated in China's high-level legal norms,but there are a large number of legal disputes about the suspension of labor contract in practice.Although there are some local legislation on the suspension of labor contract,due to its low legal level,inconsistent standards and incomplete content,It can not fundamentally meet the legal needs of China's labor contract suspension system.The lack of legal provisions will lead to the dilemma of judicial judgment.In practice,novel coronavirus pneumonia is increasing in the disputes related to the suspension of labor contracts.China needs to study and improve the labor contract suspension system,so as to better resolve relevant labor disputes and maintain social stability.This paper is divided into four parts to explore the plight and improvement path of China's labor contract suspension system.The first part summarizes the relevant theories of the labor contract suspension system,so as to provide a theoretical basis for further analysis and improvement of the system.The second part further analyzes the plight of China's labor contract suspension system,which is divided into two aspects: legislation and judicature.The third part analyzes the legislative mode,imputation reasons and responsibility bearing mode of China's labor contract suspension system.In the legislative model,considering that the labor contract law has the meaning of returning to the civil law,we not only think about how to improve the system in the field of labor law,but also study how to improve it in connection with the civil code from a new perspective.In terms of imputation reasons and responsibility bearing methods,by comparing with the typical provisions of foreign countries,this paper enlightens the improvement of China's labor contract suspension system.This paper selects the imputation methods and diversified responsibility bearing methods to distinguish the reasons of employers and employees,so as to prepare for the improvement of specific contents in the next part.The last part discusses the specific contents of perfecting China's labor contract suspension system,first determine the basic principles that the labor contract suspension system should follow,and then improve the suspension situation and suspension consequences under the guidance of this principle.In terms of improving the suspension situation,on the full summary of the results of China's legislative practice and theoretical research,we do not stick to the analysis perspective based on the reasons of workers,innovate ideas,divide the legal suspension of labor contract into three legal suspension situations: employee reasons,reasons not attributable to both parties and employer reasons,and analyze the improvement of the consequences of labor contract suspension from this new perspective.For the improvement of the consequences of the suspension of labor contracts,we should adhere to the principle of autonomy of will,the principle of preferential protection,the principle of good faith and the principle of fairness,and reasonably distribute the rights and obligations of workers and employers.In the face of complex issues such as the identification of labor suspension period,working years and dual labor relations,adhere to the perspective of the subject of responsibility and the basic principles of the system as the discretion standard,reasonably distinguish responsibilities and protect the rights and interests of both parties.We should keep pace with the times,consider and solve new problems,and reasonably and effectively improve China's labor contract suspension system.