A Study On The Multiple Labor Legal System In Modern China

The law is a process which transforms unceasingly and a contradictory entity which can be adjusted unceasingly along with the invariable principle and the change of environment. In modern China, the governments, such as the Northern Warlords government, the Guangdong revolutionary government, the Nanjing national government, and the revolutionary governments led by Chinese Communist Party, profited from the labor legal idea and the legal article of the west or the Soviet Union, and developed it with respective actual situation, so it shaped a multiple pattern which the heterogeneous labor legal systems coexisted. As a result of the history, the multiple pattern of labor legal system still play a key role in reality, which the mainland managed by the Chinese Communist Party, Taiwan by the kMT government (By the Democratic Progressive Party after May in 2000), Hong Kong was English colony and Macau was Portuguese, and they still implement " one country, two systems" after 1997 and 1999. In a quite long time, the multiple pattern of labor legal system will still exist in four law territories (including Mainland, Hong Kong,Macau and Taiwan) which coexisted. The reality and the history are not insulated. The reality is always an inevitable historical result in the certain historical process. Therefore, we cannot abandon the attention on the history. So, by placing the multiple labor legal system in the background of social history in modern China, I analyzed the historical phenomenon of the multiple labor legal system, traced its historical root, studied the legal vicissitude along with social vicissitude, analyzed the function and the influence of this kind of legal vicissitude in the social vicissitude,and researched on the historical value and the practical significance of the labor legal system's multiplication in modern China.This article mainly probed into vicissitude of the multiple labor legal system in modern China in the view of historical development. By and large, it has following five parts:In the first part, through three aspects, such as the decision function of the multiple political pattern, the influence of the international labor law and the Soviet, I tried to probe on the reasons of multiple labor legal system. Although the labor legislation belongs to the domestic system arrangement, this kind of attribute does not mean the labor legislation does not accept the influence which came from other countries or international society. In the modern age, China has been involved into the capitalism world market, and accepted the influence and the baptism of the...