Research On The Implementation Effect Of The Labor Contract Law

Legislative decisions or judicial decisions of judges,and such legal decisions are made under pressure of legislative deadlines or judicial discretion time and cost in most cases,but the above decisions are not deviated from rational judgment and measurement,legal rationalism or legal experience To a certain extent,doctrine exposes the cognitive standards of theoretical or practical reason,but it does not provide more convincing,how to achieve the rational results in a "practical" way,such as legal practice.Standards or rules with more practical possibilities.Especially for the specific practice of departmental law,how to "practice" to achieve the desired result of legislative decision-making requires serious consideration.That is to say,in which way to examine the practical effects of specific departmental laws,there are no more convincing and practical standards or rules.This article discusses the implementation effect of the "Labor Contract Law".It is impossible to find a definite standard,but it cannot avoid reviewing the implementation effect of the departmental law.As an important content of post-legislative evaluation work,it is mainly through evaluation to understand the implementation of laws and regulations,find out the problems in the implementation of regulations and legal quality,and provide the basis for the future establishment,reform,and abolition of the law.At present,China is constantly deepening reform and development in all aspects on the journey to achieve the two hundred-year struggle goals.There is inevitably a contradiction between the relatively stable legal norms and the changing social reality.How to make the law drafting and revision adapt to the changing real life and be reasonably and effectively implemented must be studied in depth.In the process of social transformation,labor relations have shown the characteristics of complexity and diversity.At the same time,they have also transitioned from traditional to modern.The legal adjustment model for labor relations has gradually diversified,that is,individual autonomy,group autonomy and the state.Mandatory coexistence of the three major adjustment modes.Therefore,this article selects the three major adjustment modes of self-government,collective consultation and state intervention as the starting point to study the effect of the implementation of the Labor Contract Law.Knowing the law does not mean choosing the wording of the law,but grasping the meaning and effect of the law.On the contrary,the discussion on the implementation effect of the Labor Contract Law is to better understand the Labor Contract Law.On the one hand,the "Labor Contract Law" is a "special" contract law,and the meaning of "consensus" between labor and management is self-governing throughout the text.On the other hand,the departmental legal attributes of the Labor Contract Law,which corrects the strong and weak,determine the intervention characteristics of the state 's public power.In addition,the vacuum between labor-management private autonomy and state intervention requires the coordination of third-party mechanisms to form a complete system of labor relations coordination.In this sense,this article chooses to cut in from the perspective of the three normative adjustment modes of voluntary autonomy,state intervention and collective consultation.If the implementation effect of the "Labor Contract Law" is studied: the text and the empirical whole are prepared as a natural person,then the aforementioned three major adjustment models are the skeleton of the natural person,and the specific system of the "Labor Contract Law" captured by them It is flesh and blood all around the bones.That is,the three institutional adjustment modes of voluntary autonomy,state intervention,and collective bargaining connect the entire institutional framework of the Labor Contract Law.This article explains the typification of the angle of observation of the implementation effect of the Labor Contract Law.Choose from the perspective of three major norms of adjustment,including self-government,state intervention and collective consultation.The reason lies in the implementation subject of the Labor Contract Law.There is a difference between the three.Voluntary autonomy emphasizes the expression and negotiation of both parties in the labor relationship-laborers and employers;state intervention emphasizes the intervention of public power of the state,while collective consultation is the employer and trade union or employee representatives.The second chapter discusses the implementation effect of the specific system under the Autonomy Regulations of the Labor Contract Law.The labor contract time limit system and labor contract cancellation system were reviewed.Distribution reviewed the issue of labor contract duration and the termination of labor contracts.The third chapter discusses the implementation effect of the specific system under the National Intervention Regulation of the Labor Contract Law.Reviewed the written form of labor contract,labor contract with no fixed term,double wage system,liquidated damages,compensation and compensation system,and labor dispatch system.In the system under the above state intervention,more criticism is directed at the impact on the employment flexibility of the employer.The written form,the binding of unfixed-term labor contracts and double wages,the "three-gold system" and the labor dispatch system limit the employment flexibility of employers and increase the cost of employment.As a result,many of the provisions of the above-mentioned system in the "Labor Contract Law" are criticized,and in actual operations,employers also have greater opinions on this.He even thinks that the relevant laws and regulations need to be adjusted.But the understanding of the system only focuses on restricting the behavior of the instructor,but abandoning the function and purpose of the system will surely trigger a dogmatic perspective and understanding of the system.The existing provisions on the state intervention system in the Labor Contract Law reflect the oblique protection of workers,but the understanding of oblique protection cannot fall into the predicament of dogmatism.Chapter 4 discusses the implementation effect of the collective negotiation adjustment model of the Labor Contract Law.Especially the implementation of collective contracts as a result of collective negotiation.The implementation effect of the above-mentioned specific system is distributed from three aspects: the implementation of the legislative purpose,different discussions in the academic circles,and the empirical form to examine its implementation effect.Chapter 2 Chapter 5 on building a harmonious and stable labor-management relationship discusses the three levels of value analysis of the implementation effect,functional inspection,and revision of the Labor Contract Law.The value analysis of the implementation effect mainly emphasizes the harmonious development of labor relations and corrects the two major value orientations of justice;the functional review includes the interaction of the internal norms of the "Labor Contract Law" and the balance of regulation and autonomy;and the amendment of the "Labor Contract Law" It is to respond to the implementation effect of the Labor Contract Law by putting forward opinions on the specific system modification and perfection of the specific autonomy and state intervention in Chapters 2 and 3 of this article.