| The principle of contractual freedom is the soul of the theory of contract, and the principle also applies to labor contract. But in my country after 40 years foundation, the state-based public spirit permeates into the entire field of law. From the era of the planned economy to a market economy era, there are no contract existed classical theory assumed "complete free market, and China is in "from capacity to contract" phase of development The freedom of contract we enjoy, is subject to contractual freedom system. With active labor market characteristics, the excessive restriction on freedom of contract from the public powers may hinder the legitimate flow of labor, which are incompatible with the purposes. Therefore, it is necessary to promote the free labor contract in China. However, compared with civil relation, labor relation has strong personal adherence and evident inequality in the status of main bodies. Especially from the end of the 19th century, along with the rapid development of economy, enterprises become more and more powerful in finance and larger and larger in size, thus possess irresistible superiority to labors, which makes the unequal status of labor and management more conspicuous. Simply applying the principle of contractual freedom can absolutely lead to substantial inequality and bring about a series of social crises, therefore, all countries begin to regulate labor contractual freedom through the establishment of basic labor law and some other laws and regulations. The paper includes four parts.The first part mainly introduces the application of contractual freedom of civil law in labor law. The principle of contractual freedom is one of the three basic principles in civil law and it is the kernel of contract law. The principle of contractual freedom came into being during the period of capitalist free economy and it is based on a hypothesis——a perfect free market for competition. Labor contract is the product of the socialization of...
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