The Analysis Of Labor Leasing From The Section Of 1710 In French Civil Code

Human society has a long history. With the development of society, the law system has changed in the pursuit of progress, which followed the development process:"the primitive society -- -- the feudal slave society, capitalism and socialism". We are able to analysis the development rule: labor created society. Labor distinguishes human from animals and it is an effective way to make human survival, therefore, we should take research on this subject, take the essence and discard the dregs make it into the rationalization and the legalization of efficient track.In 1804 "The French Civil Code," Article 1710 clearly defined the labor leasing for the first time in human history that is, the parties agree, a party complete a certain work to the other party, the other party paid the agreed contract. With the changes of time, labor leasing gradually engraved the times mark, which developed from the initial labor leasing to the modern employment system and labor system. It wrote a brilliant chapter in the development history of human society and played an invaluable role in the development of human society. But when we see their contributions, we had to go to the shortcomings at the same time, in order to make more effective use of social workers to promote social development. The emergence of labor created a labor leasing persons (workers) and the labor lessee (the owner of physical capital), the two have been required to do their best and to each by their own demand to get what they want. It should be a fair and equitable relationship; however, the imbalance in the social means of production makes the labor relationship between the lessor and the lessee imbalance. The labor lessee of the dominant position can be protected and fulfilled with the means of production. But the labor renters who provide provision of labor can only survive in basic means of subsistence. It is clear that labor renters are subject to labor lessee and its rights of the parties could not be guaranteed. To some extent, the rights of the lease for the labor force are still off the state law. With the development of society, we can easily find employment structure of modern society problems from a number of social phenomena, such as the dominant position of workers has been weakened the enthusiasm of workers have been repulsed, the right of workers to share the remaining value can't be ensured, the workers lost their re-development conditions, which is one of the factors that may hinder our modern society in the development process, we can see that the Study of Labor leasing has profound social significance.This paper takes"The French Civil Code" as the historical background, which follows the stage of development of human society in order to explore the root of labor leasing and development process, demonstrating the possibility of its existence and pointing out its existing problems. It proposes innovative theories in order to break through the limitations, in hope of making a modest contribution to the development of the modern economic and legal systems.